What should you do if you find out police came to your home to ask you questions?

Question

I had a strange call at work today, the fellow who lives above me in the apartment building ran into police officers outside of the building.  They were trying to gain entrance, at least as he tells me, to speak to me and had some questions for me to answer. I have a clean slate, no trouble with the law, no issues with child support or debt... or anything, to my knowledge.  I am a law student, full-time single father, and work part-time as an unemployment advocate. Any ideas how to find out what this was about? If or when I should be questioned? With or without an attorney?  I have nothing to hide nor am I a criminal, but this thing asked for a category and police do not tend to do civil disputes.

Jared Austin · Answer

It could be a number of things. They could merely want to question you about something or someone you may know that happened in the vicinity or any number of other reasons, some benign and some more serious. Usually they leave a card with contact info when that happens. You can always give them a call to find out what they want. Keep in mind that no one ever has to talk to the police or answer questions. If if makes you feel better, retain an attorney.

Samuel H. Harrison · Answer

Sounds odd, but if they really want to talk to you, they will be back. If the questioning gets too personal or seems to focus on you, politely tell them you aren't comfortable talking to them and shut up. If they won't leave or won't let you leave, tell them you are saying no more without the advice of an attorney.

Kevin O'Grady · Answer

You should hire an attorney to represent you. Police can always return to ask you questions at inopportune times. They may be very persistent. If you are represented, you can hold out your attorney's card and ask to speak with your attorney and refuse to answer questions.

Andrew Subin · Answer

You can call them and find out what its about. Before making any statements to them, however, I would talk to an attorney.

Roianne Houlton Conner · Answer

I suggest that you contact an attorney who will contact the law enforcement agency and find out why the authorities were at your apartment.

Jared Altman · Answer

Don't take any chances. Assert your right to an attorney, hire one and have the attorney get to the bottom of it.

Cynthia Henley · Answer

Interesting. First call should be to a bondsman who can see if you have any warrants. Obviously if you have warrants, second call is to a lawyer (and you should make arrangements to make a no-arrest bond - if it is a small bond amount you take the cash and go to the jail and put up the cash. You will get all the money back after the case is disposed. You might even be able to assign it to a lawyer - depends on the county. If it is large and you don't have allthe money, then you pay the bondsman a fee & they put up the bond. You do not get the fee back. In both situations, the bond is put up and you go in and have your mugshot and fingerprints taken and then you are released.)  Second - if they wanted to talk to you and they gained entrance to the building, then they would have left a card on your door with a request that you call (unless they had a warrant and didn't want to talk but just arrest you - but if that is true then they probably wouldn't have told your neighbor anything.)  If you determine there is no warrant then I would just wait to see if the police contact you. If so, make sure in talking with them that you only take information - do not give ANY. That sounds easy but if the cops are skilled, it may not be. If they want to talk to you about anything whatsoever, get as much information as you can and ask them if you need a lawyer. (They generally say things like if you didn't do anything wrong, why would you need a lawyer, etc. Don't fall for that crap. Just ask them the question to get the reaction.) If you feel the least bit uncomfortable, get their contact information and tell them you will either call them or have a lawyer call them, then go talk with a lawyer.  Generally I would advise not to talk to cops about anything without a lawyer but if you are confident that there is nothing you could be investigated about, etc., and because you are in law school I am assuming you are at least somewhat intelligent, then if it were me, I'd try to pick their brains a bit before making a decision whether to lawyer up.

Eric Sterkenburg · Answer

The police could be coming to your home for almost any reason. However, the police are trained to lie and misinform suspects. If they want to question you about something they think you did they will not tell you that over the phone. Unless you are sure that they dont want to question you about what you may have done, now is the time to get an attorney. Your attorney can contact the police and make an appointment for the two of you to come in and talk with the detective.

Steven C. Bullock · Answer

Contact an attorney and let the attorney make contact with the  police.   Under no circumstances should you make such contact.   The  attorney will have  the necessary experience to deal with the situation.-

Maureen Baldwin · Answer

Since you are a law student, you know that you do not have to talk to police. You also know that if police come to your home and you choose to speak to them, they do NOT need to read you Miranda rights. You may not know that if you choose to speak to police, they can be very persistent and yet appear to be accomodating and respectful. Once you have decided to talk to police, statements such as "I think I may need an attorney" are NOT enough to "turn off" police questioning. And it is fair game for police to say things such as "You don't have anything to hide, do you?"  Bottom line: You should get an attorney if police officers want to question you. As a law student, you probably know your 6th Amendment rights kick in before your 5th amendments rights and Right to Counsel is a 6th Amendment right that is harder to waive than your 5th Amendment rights to remain silent. However, police may choose NOT to discuss their ongoing investigation with an attorney. I personally have had police officers tell me what it is they are looking into and the scope of what they want to discuss, and have also had officers politely refuse to discuss anything with me, or simply NOT return calls when I initiate contact. It depends on what they are looking into. Most of the ti8me, police will acknowledge an attorney who has made contact with them and give a general nature of the issue. Often police want to look at a computer if certain sites have been visited. If they have evidence of criminal activity occurrring in your  apartment, they will likely return with a search warrant.

Michael Chastaine · Answer

These can be tricky.  You really should get an attorney who can then interface with the police to try to find out what, if anything is going on.

Christopher McCann · Answer

Never talk to police about anything without an attorney. Get an attorney inmediately to contact them.

Stephen Freeborn · Answer

Perhaps you were a witness to something.   If you are clean, as you indicate,  simply call the police.  Ask them what they want.  You don't have to answer their questions.  If it appears from the questions that there is a problem, consult with an attorney before you answer anything.

Jason Savela · Answer

This could be for a background check for you or one of your friends.  Did they leave a card?  If not there is no way to contact them.  I bet a classmate used you as a reference for an FBI or USAtty job or something like that.

Seth Bloom · Answer

You should contact the local police department in your district or try contacting a local attorney who will be able to do some investigating for you to determine what they might be looking for.  You could also call the local clerk of court to see if there might be a warrant out for your arrest or something along those lines.  If it is determined that there is a warrant for your arrest then you should certainly have an attorney work with you to attempt to have it lifted in return for your promise to appear to answer questions.  In any event, it shouldn't hurt to just call your police precinct and tell them that you were told that police had been at your residence and see if you can get some more information which will be able to allow you to determine whether or not you should consider hiring an attorney.

Eric Schurman · Answer

You have the right to refuse to speak to the police...and in most  situations should refuse to speak to them.  The best policy is to have  an attorney speak on your behalf.     If you choose otherwise, you may want to contact the officer and ask  nature of the police inquiry.  In so doing, however, do not make any  statements or answer any questions whatsoever.

Michael D. Fluke · Answer

It is always best to deal with law enforcement with an attorney.  Anything you say, "can and will be used against you."  If they left a card, an attorney can contact the officer or deputy and find out what this is all about.  I suggest you consult a local Criminal Defense attorney to discuss your case in greater detail and learn all of your rights and options.  Good luck.

Craig Elhart · Answer

As a law student, you should know that anything you say to the police can and will be used against you.  Until you find out what they are interested in talking to you about it is hard to determine if you should talk to them.  Even if they start to question you, remember, you have the right to stop questioning and seek the advice of an attorney which may be a good idea depending on what they want to talk to you about.  You have no duty to talk to the police.

Robert Watkins · Answer

You can volunteer to go to the local station and inquire or wait. If   they really want to speak to you they will return. The police engage   in investigations that require them to gather information from   numerous people; not just those suspected of committing a crime. If   you can honestly say you have not knowingly involved in criminal   activity perhaps that is the case. If the police find and question   you about your involvement in a crime, you may want to exercise your   right to remain silent and consult a qualified attorney.

Gregory Casale · Answer

What you should do is nothing. Do not contact the police. If they din't make a mistake they will return. I tell my clients to not speak to the police and to refer all questions to me. There is nothing the police are out to do but to gather evidence. If they wanted to help someone out they would leave you alone.

Paul J. Wallin · Answer

Our advise after doing criminal defense for over 30 years is NEVER talk to the police. You should retain an experienced criminal defense law firm. Normally the police agency that wanted to ask you questions is the police department in the city where you live or work. It does not matter you have nothing to hide.

Michael J. Breczinski · Answer

I would have an attorney call and find out if the police were looking for you and why.

Loren M. Dickstein · Answer

Many innocent people with nothing to hide get caught up in allegations that they did something they didn't do. People are wrongfully convicted every day in the United States. Although the system is very good, a wrongful charge still results in a fortune in legal fees and the risk of a wrongful conviction. Don't take chances and hire an experienced Michigan criminal defense lawyer.

Michael Nack · Answer

I will give you the same advice that I have given others on this site, on   Law guru and throughout the thirty-three years that I have been practicing law.  Do not answer any questions about anything to the police. Do not make any statements to them other than to identify yourself if they do approach you. They have absolute discretion in putting a "wanted" into the system and taking you into custody for questioning even though you have done absolutely positively nothing wrong. They can hold you in custody for up to twenty-four hours without having you charged with any crime. They are not looking for the truth. They do not have any intention of being fair. They will not honor your Constitutional rights. Police violate citizen's Constitutional rights all day every day throughout this great nation. We live in a police state. The only protection you have is to stand upon your Fifth Amendment right and decline answering any questions. You must be brave and you must be strong to pull this off. The police are trained in a wide variety of techniques to persuade you, trick you, or coerce you into giving them a statement.  You should, of course, be polite. Show them the respect they think that they deserve. Tell them that you have an attorney and your attorney advised you not to make any statements or answer any questions. Tell them that you must follow the advice of your attorney. Do not believe anything that they may say to you. They lie. They promise people things that the police cannot possibly deliver. Many of my clients have fallen for police interrogation tactics and then face criminal charges in which the prosecutor makes full use of the statements made by the defendant. You wouldn't  believe how many  cases I have handled in which my client insists to me upon his  or her complete  innocence despite the fact that the police have obtained an  incriminating  statement from the defendant. Do not ever waive your Miranda rights. Ask to contact an attorney and then remain silent. If they do not have enough evidence to charge you with anything, they will eventually release you and eventually leave you alone. Good luck.

Thomas Tomko · Answer

If I had a relationship with the police department involved, I would call the detective in charge of the case, explain that I represented you, and then ask what it was about.  I would also say that my client does not agree to be questioned without having me present.  My advice is to consult an attorney who practices in the area where you live, and to hire that attorney to do some investigation.  Otherwise, acting on your own is a risky venture.  Many persons have talked to police thinking that they were innocent of anything, only to find that as a result of the interview they were charged with a crime.

Kathryn Hudson · Answer

As a law student there is no time like the present for you to learn to stand up to the police. Call your local police department and ask them why someone was looking for you, and if they say no one was then report the incident as an attempted break-in. Thieves can use the guise of a uniform to gain access to just about anywhere.  NEVER be timid about speaking to authority no matter what clothes they wear.

Michael Maltby · Answer

If it is important to the police they will get back to you.  If they do contact you and want to talk to you about anything that even remotely gives you concern, tell them you would be happy to talk to them and to please call your lawyer to set an appointment for that.

Dennis Roberts · Answer

If you have the name and phone number of the cop who came around (and they probably gave it to the neighbor who called you) get an attorney to call the cops and ask what it is about.

David Goldman · Answer

I would never talk to the police without an attorney. Most people who are charged with a crime and convicted find that their statements are used against them.

Timothy Klisz · Answer

Leave sleeping dogs lie. If they come to question you, ask more questions than give answers or simply hire your own lawyer for the whole thing.

Carina Laguzzi · Answer

They should have left a card.  Call the Detective (that's usually who comes knocking with questions) and simply ask what it’s about.  He will try not   to tell you saying you should come in to the station.  Stand firm and tell   him you cannot come in without knowing what it’s about.  After he tells you,   tell him you will call him back.  Talk to an attorney FIRST and hire a criminal defense attorney if necessary and let the lawyer take it from there.  "Innocent" people get arrested all the time so under no   circumstances should you talk to any law enforcement without having your   lawyer present (all law students should know that by their 2nd day in).  Good luck.

Terry Nelson · Answer

If it is not already too late, I advise you to exercise 5th Amendment rights to SHUT UP and call a lawyer, as every cop show on TV correctly teaches. The attorney will now have to make any motions to dismiss or suppress evidence that may be appropriate, and defend the charges in court hearings and at trial, based upon all the arguments, documents, facts, evidence, witnesses, surveillance tapes, etc.  All that will be available in discovery.  Unless you know how to effectively represent yourself in court, hire an attorney who does.

Jeff Yeh · Answer

Whether you have something or hide or not, you should NEVER speak to law enforcement. You should always exercise your right to remain silent, and have an attorney present if you ever have to open your mouth. Remember, nothing good can ever come from talking to police. Whatever you say will be twisted around.

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What should you do if you find out police came to your home to ask you questions?

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