QUESTION

What are my rights while answering an investigation?

Asked on Dec 04th, 2013 on Criminal Law - California
More details to this question:
I was asked to be questioned on a open investigation. They said I could walk out at any time cause I was not being charged, but since I am on probation they made me be there. They needed a warrant for my DNA so I told them to do what they had to. So they did. They asked me if I had ever seen the vehicle in question. I said no. They said they found My DNA in the ride which was wrong because they did not have my DNA at the time. The sheriff on the case was trying to steam roll me for information I did not have they called me a liar. They said they found a cigarette in the car and a cup out side of it. I told them I work for a hotel and when I smoke the cigarette butts are left outside and lots of time I watch vagrants collect them then who knows where they go. Also, I now take them with me and no logger litter. The sheriff who served the warrant for my DNA was pumping me for information that I didn't have. He called me a liar and told me out loud with people around who was the jury going to believe me or a felon, he told me, so it doesn't matter what you say. I was upset and at my work of all places I worked there for four years I don't need them thinking less of me. This is a very scary ordeal and I was never even in the ride in question.
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6 ANSWERS

Michael J. Breczinski
Your right is to refuse to answer their questions. Do so.
Answered on Dec 11th, 2013 at 6:29 PM

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Criminal Law Attorney serving Boulder, CO
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You are always allowed to have a lawyer - ask for one. Do not talk without a lawyer. The cops lie to you. They have done it numerous times according your post. Why do you trust them? If your probation officer is not present, then the probation thing is BS. You never have to consent to any search or to answer any question. You can always say lawyer. Your PO has some rights to do home visits and ask questions, but not the cops without the PO. The worst that can happen if you violate the rules of probation is that your probation is revoked. Unlikely that would happen on these facts. Even so, the punishment may be very light.Contact your PO asap. Ask the PO to explain your rights. Ask the PO to give it to you in writing so you can review it on your own time. Tell the PO about this contact, but you do not have to discuss any facts of the new case.
Answered on Dec 06th, 2013 at 6:12 PM

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Adoptions Attorney serving Lansing, MI at Austin Legal Services, PLC
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Remember that you need to report any official police contact to your probation officer within 24 hours or else you run the risk of getting violated. Also, no one ever has to talk to the police and that can never be held against you. You should not talk to the police until you have consulted with an attorney first.
Answered on Dec 06th, 2013 at 6:10 PM

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You have the right to remain silent. Only idiots talk to investigators/cops. Remember, no matter what you say it will be twisted around and used against you later.
Answered on Dec 06th, 2013 at 6:10 PM

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John J. Carney
Remain silent and demand that all questioning stop. Demand a lawyer and they will eventually stop questioning you. The fact that you are on probation is irrelevant, you do not have to talk to the police. It does not matter if you are guilty or innocent, say nothing.
Answered on Dec 06th, 2013 at 11:01 AM

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Criminal Law Attorney serving Los Angeles, CA at Law Office of Edward J. Blum
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Say: I want a lawyer. If they tell you are free to leave, leave. If they want to search you or seize your DNA say I do not consent.
Answered on Dec 05th, 2013 at 7:54 PM

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