QUESTION
What are my rights if I refuse a police interview?
Asked on Oct 01st, 2011 on Criminal Law - Oregon
More details to this question:
A person called the police and told them that I took something from their house that was a high value item (over 10K). The police waited a month to contact me and said they wanted to do an interview. I said no I do not want to do an interview. I never heard anything back from them and it's been two weeks. Does this mean that they are likely finished with their investigation? There was never any evidence and I really did not even do it.
29 ANSWERS
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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You never have to make statements to the police
Answered on Oct 28th, 2011 at 1:21 PM
You did the right thing in declining an interview. Stand upon your Constitutional right not to make any statements or answer any questions. The investigation may still go on, and you may be charged with the crime, in which case you should hire the best criminal defense attorney you can afford. There are many, many people who have been convicted of crimes that they did not commit.
Answered on Oct 06th, 2011 at 9:50 AM
You can refuse to talk to the police and you should not talk to the police without first consulting with an attorney.
Answered on Oct 06th, 2011 at 9:50 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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They have up to 6 years to investigate and charge. It is not uncommon for investigations to take months. You should have your attorney on board in case the charges come.
Answered on Oct 06th, 2011 at 9:49 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
It doesn't mean they are done with their investigation. If they can find evidence that you committed a crime, then they will likely arrest you. With that said, you did the right thing. Speaking with law enforcement only increases the chance that you will be arrested. Never speak with police before consulting a lawyer. Hopefully, the whole thing will blow over. Wait it out and contact a lawyer if anything more comes of it.
Answered on Oct 06th, 2011 at 9:48 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You did the right thing. The passage of time does not mean that the investigation is over or that you will not be prosecuted. They have five years to commence the prosecution.
Answered on Oct 06th, 2011 at 9:47 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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You have the right to refuse to talk to the police guaranteed by the Fifth Amendment to the US Constitution. Nothing good can come from talking to the police when you are the subject of an investigation.
Answered on Oct 06th, 2011 at 9:46 AM
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Do not talk to the police. They are not your friend. They will make you think that but they are not. Hire an attorney to protect you.
Answered on Oct 05th, 2011 at 11:19 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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What it means is they are trying to find some corroborating evidence from the complainant and then they will file charges and surprise you with an arrest warrant. You were right to refuse to speak to them. You should go ahead and find a lawyer you can hire in the event an issue arises so you will already have someone in your corner.
Answered on Oct 05th, 2011 at 11:16 PM
Michael J. Breczinski
If they have enough evidence then they could charge you without an interview. The only reason that they want to talk to you is they hope you will confess. Many people get convicted only because they talk to the police. You have the right to remain silent. Use it.
Answered on Oct 05th, 2011 at 11:15 PM
You do not have to speak to the police. You have the right to remain silent and your choice to exercise that right cannot be held against you. If you are innocent, you may want to speak with a criminal defense attorney who can help you decide if it is wise for you to speak with police as allowing yourself to be interviewed may cause them to drop the matter. That they have not done anything for two weeks is not meaningful. If you did take the item, you should definitely retain criminal defense counsel. What you tell your lawyer is confidential.
Answered on Oct 05th, 2011 at 11:15 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Your instincts were spot on. You have no duty to assist in your prosecution. Two issues to watch for at this point. The first is an additional telephone call from the police, or their appearance at your door, asking to just ask a few questions. Stick to your guns. Decline to speak to any law enforcement. If they persist assert your right to speak with your attorney. As soon as you demand to speak with your attorney their questions must stop. The second issue to watch for is what is called a pretext call. You might get a call from the owner of the home asking questions. The goal would be to get you to establish as many elements of the crime as possible, such as being in the home at some time or another. This phone call will be recorded by the police. Again, decline to speak with the caller. It does not matter if you did not take the item as they already think you have and are simply trying to build a case.
Answered on Oct 05th, 2011 at 11:14 PM
You are under no obligation to speak to the police.
Answered on Oct 05th, 2011 at 11:13 PM
The lack of contact sometimes means they are gathering more evidence. If the evidence does not substantiate the charge then they will not pursue it. You should not talk to the police without an attorney present. It is vital that you have an attorney present at all times during an investigation and questioning by police.
Answered on Oct 05th, 2011 at 11:11 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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You are not compelled to go to an interview or to answer police questions. You also will never know if an investigation is closed or if it continues.
Answered on Oct 05th, 2011 at 11:11 PM
You did the right thing. You are never required to give the police any information in this kind of case where there is no emergency and it is no incident to a lawful stop. People who talk to the police very often get themselves in trouble where they would not have had any trouble before. I am not saying the case is over, but the police either do or do not have sufficient grounds to charge you. If they do, they will charge you any way. If they don't, at least you did not inadvertantly fill in missing pieces for them. If they do come to arrest you, simply state politely that you do not wish to speak without a lawyer present. The police are allowed to lie to you - for example, saying that they have DNA evidence or witnesses. The worst mistake you can make is to believe you can talk to them about some things but not about others just do not give any statement, period. Give them identifying information - name, date of birth, and the like - but simply and politely refuse to discuss the case without a lawyer present.
Answered on Oct 05th, 2011 at 5:38 PM
You do not have to talk with the police. This is your right to remain silent. The police make a big deal out of this saying that if you did not do it you would talk with them. However, the only way that this can hurt you is if you say something in trial that would have gotten the police off your back during the requested interview. If you do talk with the police you should only do it when you have your attorney with you. Your attorney should know all the police interview tricks and when to stop the interview. The police have up to the end of the statute of limitations to file a case. You are not in the clear as yet.
Answered on Oct 05th, 2011 at 5:38 PM
You did the right thing by refusing the interview. You are smart! You should always exercise your right to remain silent, and the only reason they want to interview you is to hopefully obtain incriminating statements from you.
Answered on Oct 05th, 2011 at 5:37 PM
Criminal Defense Attorney serving Charlotte, NC
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Olsinski Injury, Family and Criminal Lawyers
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Many times criminal investigations like this will take months. The best thing to do is consult an attorney and be represented when talking to the police. Your goal at this point is to not be charged with the crime, because once you are, it is a lengthy expensive process. While you never have to talk to the police, consult an attorney in your area because there are advantages if you can prevent charges from being brought.
Answered on Oct 05th, 2011 at 5:27 PM
Sounds like you did the right thing. It does not mean the investigation is over. An attorney may be able to find out the status if the investigation for you.
Answered on Oct 05th, 2011 at 5:09 PM
All citizens have a 5th amendment privilege to remain silent. You are not required to grant the police an interview. The police may still be conducting an investigation trying to gather enough evidence to charge you.
Answered on Oct 05th, 2011 at 3:47 PM
Drug Crimes Attorney serving Philadelphia, PA
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Laguzzi Law, P.C.
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Unless and until they officially clear you, the case may still be open. Good for you for not giving a statement to police without first consulting with a criminal defense attorney. You had every right to say "no."
Answered on Oct 05th, 2011 at 3:43 PM
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Continue to refuse to talk with police and anyone else but an attorney about the facts. The police can try to develop additional information in an attempt to show probable cause to arrest you. Until then, you will not be arrested but they can try to contact you again.
Answered on Oct 05th, 2011 at 3:21 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You don't ever have to speak to the police. The police will proceed with the investigation without your input. The results of the investigation are then forwarded to a prosecutor who then decides if there are sufficient facts to warrant the filing of the case. If the case is filed, you will be cited into court, or you could possibly be picked up (arrested) by the police and taken to jail. You then appear in court before a judge who sets bail (possibly). You should probably consult with an attorney. Even if you are innocent of the crime, I would not go speak with the police without first consulting with an attorney.
Answered on Oct 05th, 2011 at 3:21 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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Keep in mind that you never have to talk to the police. The silence could mean a number of things. It could mean the investigation is still ongoing, they have prioritized other matters in the meantime, or the matter has been dropped. You can always contact the police and check for a status of the investigation. If charged, you need to get a lawyer involved right away.
Answered on Oct 05th, 2011 at 3:21 PM
Criminal Defense Attorney serving Irvine, CA
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Todd A. Landgren A Professional Law Corporation
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Ge ta lawyer to research and talk to cops. They may continue to investigate, you are not off the hook yet. Do not talk to them without counsel
Answered on Oct 05th, 2011 at 2:47 PM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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You absolutely can (and should) decline to answer police questions. They aren't looking for "your side" of things - they're hoping you'll say something to incriminate yourself and seal the deal. Can I tell you that the investigation is over? No. They could still be investigating or the case could have been sent to the prosecutor for their review and the filing of charges.
Answered on Oct 05th, 2011 at 2:46 PM
Samuel H. Harrison
You did the right thing. Without an admission from you, they probably don't have enough to support charge. Keep quiet. If they want to talk to you again, refuse again and contact a lawyer ASAP.
Answered on Oct 05th, 2011 at 2:46 PM
It is impossible to know whether the police are continuing their investigation without interviewing you. In any case, you did the right thing by refusing an interview. If you are contacted by police again, you should retain an attorney immediately. Do not talk to the police without speaking to an attorney first.
Answered on Oct 05th, 2011 at 2:45 PM