It is absolutely your right to refuse to answer questions when telephoned by a detective who is seeking information about a crime. This is true whether or not you had something to do with the matter about which the detective is inquiring.
If you decide to decline to answer the detective's questions, you should do so politely at the outset, before making denials. You do not have to give a reason. If you suspect you are under investigation, you can contact a criminal defense attorney who will call the detective on your behalf and inquire as to the nature of his or her interest in speaking with you. If your attorney thinks it is in your best interest to speak with the detective, he or she can arrange to be present while you are interviewed.
Miranda warnings only apply to those in custody, meaning those whose freedom of movement is restrained and are not free to leave. Police do not have to read you your rights when they call you on the phone seeking information. Thus, anything you say to the detective can be used against you -- and possibly others.
Jeralyn Merritt, Ask a Lawyer panelist since 1998.
Answered on Jan 08th, 2012 at 12:47 AM