Are parolees obligated to speak with police when being questioned? 5 Answers as of April 04, 2011

My brother and his ex girlfriend got into a fight and someone called the cops. Before the cops arrived my brother left. Being a parolee he didn't want to be in contact with the police. The cops wanted to question my brother to hear his side of what happened. He had stayed away for a few days with his boss so things would calm down. Then he was picked up on a parole violation on 3/26/2011. The cops told our mother that if he didn't talk to the police they would tell his P.O. to violate him.

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The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Your brother does not have to speak to the cops. They will seek to get him to say something that will get him in trouble [confess]. Then his PO will violate him anyway. Mother should file complaint with the police internal affairs unit for the threat.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
This is tricky. Yes, he is obligated to be cooperative upon threat of violation, but at the same time it is his choice if he doesn't want to talk. If he feels that talking would get him in more trouble than not then obviously he is going to choose not talking at take whatever consequences come from that. He needs the advice of an attorney.
Answer Applies to: California
Replied: 3/30/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No one is required to talk to police, other than to provide ID when requested. However, there are consequences, whether intended or not, for everything we do in life. The only specific advice you should expect to get from here is to exercise your 5th Amendment rights to SHUT UP, hire an attorney, and do NOT talk to anyone except your attorney about the case. With ANY crime being investigated, you potentially face charges that could put in jail/prison. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative'. Unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict you, hire an attorney who does. If this is in SoCAL courts, and if youre serious about hiring counsel, feel free to contact me.
Answer Applies to: California
Replied: 3/29/2011
Tracy L Henderson, Attorney at Law
Tracy L Henderson, Attorney at Law | Tracy L. Henderson
He has a constitutional right to remain silent. He just needs to politely say I am exercising my right to remain silent.
Answer Applies to: California
Replied: 3/30/2011
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