QUESTION

Can you be charged for refusing to talk to police?

Asked on Mar 08th, 2013 on Criminal Law - California
More details to this question:
I got a phone call from the police department saying they wanted to talk to me about an incident that occurred in my neighborhood. I told them I didn't know anything and they insisted that I come in to make a statement. I tried to say no and they said if I don't they'll have to arrest me. What do I do? I'm worried that I might say the wrong thing and someone I know will go to jail.
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7 ANSWERS

Criminal Defense Attorney serving Santa Rosa, CA at Michael T. Lynch
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You never have a duty to speak with the police. In fact, volunteering to speak with the police, regardless of the facts, is a very bad mistake. Always politely decline to take to the police. If your lawyer wants you to speak to the police, make sure your lawyer is present during that conversation.
Answered on Mar 12th, 2013 at 7:55 PM

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Wrongful Termination Attorney serving Huntington Beach, CA at Nelson & Lawless
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Can you be charged for refusing to talk to police? No. You have a 5th Amendment right to remain silent. But, you can be charged with whatever crime they think they can prove without your statement or confession. A little free advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney. When questioned, arrested or charged with any crime, the proper questions are, can any evidence obtained in a test, search or statement be used against you, can you be convicted, and what can you do? No amount of free 'tips and hints' from here or elsewhere are going to effectively help in a legal defense. If you don't know how to represent yourself effectively against an experienced prosecutor intending to convict, then hire an attorney who does, who will try to get a dismissal, charge reduction, diversion, programs, or other decent outcome through motions, plea bargain, or take it to trial if appropriate.
Answered on Mar 11th, 2013 at 8:16 PM

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Federal Criminal Law Attorney serving Fresno, CA at Mark A. Broughton, PC
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They want you to come down to the police station so they can get a statement from you...and in all probability, then arrest you. You are doing the right thing in not giving a statement -without your attorney present - especially if you are implicated at all in the incident they are investigating. If they wanted to talk to you as a witness they would make it easy on you and come to your house to talk to you. Regardless, do not make any statement to them without your attorney present.
Answered on Mar 11th, 2013 at 8:15 PM

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Criminal Defense Attorney serving Alhambra, CA at Francis John Cowhig
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It sounds like you may be at the center of the investigation.
Answered on Mar 08th, 2013 at 9:53 PM

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Criminal Defense Attorney serving Huntington Beach, CA at Law Offices of James Elliot McIntosh
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Once you talk to the police, they have a perfect case. So, rule number 1 and all rules in between: DO NOT TALK TO THE POLICE. Here are four reasons: 1. There is no way talking to the police can help you. 2. If you are guilty, you might end up admitting guilt 3. If you are innocent, you might lie about something. For example, in the Arias case, Arias said she wasn't in the area. The police found out her credit card was used near the California Arizona border about 240 miles from the area she said she was in at the time of the murder. This means her "lie" established the "opportunity" to kill. 4. If you are innocent and you only tell the truth you will still give information which will help convict you. For example, Arias admitted the dead guy was once her boyfriend. How about if she was truthful and said I was mad at him. Then the police have established "motive". Now the police have motive opportunity and a dead body. This equals life in prision.
Answered on Mar 08th, 2013 at 9:19 PM

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Domestic Violence Attorney serving Orange, CA at Law Office of James Gandy
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You are not required to talk to the police unless you are a material witness. Then, it wouldn't be the police calling you; it would be the district attorney. The Fifth Amendment prohibits you from making statements that could convict you and, there is no law that requires a normal person to speak to the police. This could be different if you are a required reporter - a doctor, teacher or some other person that must report certain crimes.
Answered on Mar 08th, 2013 at 9:01 PM

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Speeding & Traffic Ticket Attorney serving Sherman Oaks, CA
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I would highly recommend that you hire a criminal defense attorney on what is called a "pre-filing" basis. The goal of to have your attorney speak to the police, as opposed to you speaking to the police unrepresented and potentially giving them information that will assist them in finding some cause to move forward with criminal charges. Speak to a criminal defense attorney in your area about your situation in more detail and to get a better understanding on the fees of hiring an attorney on a pre-filing basis, and if it makes sense for you.
Answered on Mar 08th, 2013 at 8:17 PM

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