Can I get in trouble by refusing to go in for questioning about a case on me? 20 Answers as of March 11, 2013

A detective has been calling my phone and wants me to go in for questioning about a case against me. If I don't go in I'm afraid he will file charges and take that as me hiding from them. And he already made a threat that if I don't cooperate he will make it get real ugly. If they calling me to ask me questions. Does that mean he has evidence built up already? Enough to charge me with the crime? I haven't done anything but I seen how people are incriminated all the time so that detectives can pin things on people just to close the case. And people don't have the money to fight it so they end up copping out just to get it over with.

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Michael Breczinski
Michael Breczinski | Michael Breczinski
They are hoping that you will come in and confess. If they had enough without a confession then they would just arrest you. Get a lawyer and do not talk to the police without them. It is your right.
Answer Applies to: Michigan
Replied: 3/11/2013
Law Offices of Eric J. Bell | Eric J. Bell
Quite simply - you do not have to talk to the police. You can assert your right to counsel and your right to remain silent.
Answer Applies to: Illinois
Replied: 3/8/2013
William L. Welch, III Attorney | William L. Welch, III
Either the prosecution will charge you or not, and that decision is exclusively with the prosecution. You cannot do anything that would stop it. However anything that you say or write might be used in evidence against you. If you come in voluntarily, then the prosecution avoids having to advise you of your right not to speak to investigators, because you would not be in custody.
Answer Applies to: Maryland
Replied: 3/8/2013
The Law Offices of John J. Carney Esq.
The Law Offices of John J. Carney Esq. | John J. Carney
You are mistaken to think that people plead guilty just to get rid of the charges or because they don't have the money to fight it. That is just the lie they tell people to save face. They had a public defender if they were indigent as most criminals are. They are liars, like most criminals are, and they do not accept responsibility for their own actions. They are also clueless about their constitutional rights and therefore easily manipulated by the police to go down and confess or make admissions that are then used to convict them. They are too stupid and too cheap to tell the police that they are going to remain silent until they have a lawyer appointed or can retain one. That is good for society but not for the criminals who steal, rape, murder, assault, and commit the other crimes to get money, drugs, or sex. You should not commit crimes, but if you do at least be smart enough to get a lawyer to protect you or wait until you are arrested and the judge appoints one and let him talk to the prosecutor, not the police.
Answer Applies to: New York
Replied: 3/8/2013
Universal Law Group, Inc. | Francis John Cowhig
You need to hire an attorney as soon as possible. You should never talk to the police or a detective who is investigating you without an attorney present.
Answer Applies to: California
Replied: 3/8/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Police use such threats and scare tactics all the time. Keep this in mind you never have to talk to the police. If they have enough evidence to charge you, they will regardless of whether you come in and talk or not and chances are, whatever you have to say will not change their mind. It could and sometimes does, but it's rare. Most of the time you are only strengthening their case with your statements. At least speak to a lawyer before agreeing to speak with the police.
    Answer Applies to: Michigan
    Replied: 3/8/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    You have hit on some important and proper points. Ignoring the cop may result in the issuance of a warrant for your arrest. Knowing what information the police have involving you and the investigation is impossible to predict. Retain a lawyer to accompany you to the station, he can direct the questioning and make sure you do not get bullied or forced to admit to something you are not guilty of. If you decide to appear alone, just invoke your Constitutional rights to remain silent. If there is an investigation, the police may hold you up to 72 hours, but then must release you, if no charges are brought against you. The best advice, again, is hire a lawyer to go with you to talk to this cop.
    Answer Applies to: Illinois
    Replied: 3/8/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    Absolutely not. In fact, not going in would be the smartest decision.
    Answer Applies to: California
    Replied: 3/7/2013
    Connell-Savela
    Connell-Savela | Jason Savela
    You never have to talk to police. Just say I want a lawyer. Say I do not want to talk with you. If charged, get a public defender.
    Answer Applies to: Colorado
    Replied: 3/7/2013
    Law Offices of Laurie A. Schmidt, P.C. | Laurie Schmidt
    You have a right to remain silent. This means that you are not required to speak to law enforcement. The detective may very well have a case against you and could have enough evidence to charge you with a crime, if that is the case, why help him make his case stronger by making a statement. To get a more detailed response, I would contact a local criminal defense attorney in your area.
    Answer Applies to: Colorado
    Replied: 3/7/2013
    Law Offices of Mark L. Smith
    Law Offices of Mark L. Smith | Mark L. Smith
    No, and never talk with the police. Always talk to a lawyer.
    Answer Applies to: Rhode Island
    Replied: 3/7/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    You say nothing about what the investigation concerns. You do not have any obligation to speak with the detective; in fact, I would strongly advise your to consult with an attorney before you do anything. Of note, if you do not meet with the detective, he is still going to proceed forward with the investigation, the result of which could well result in you being arrested and charged, if, based upon the evidence gathered, there is probable cause to believe you committed the crime.
    Answer Applies to: Washington
    Replied: 3/7/2013
    Law Offices of Marshall Tauber
    Law Offices of Marshall Tauber | Marshall Tauber
    Now (not later and not when you are charged) is the time to get an attorney and have the attorney contact the police. I never advise anyone to speak to law enforcement without counsel present, most times the police will be polite to attorneys when they are just playing a hunch, if they have something, they will usually reveal some of what they have to an attorney that calls.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    Henry Lebensbaum | Henry Lebensbaum
    Contact a lawyer for advice.
    Answer Applies to: Massachusetts
    Replied: 3/7/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Police lie to people they think are guilty of a crime. They are taught to lie in how to conduct an interview classes. Hire an attorney. If the police want to talk to you about an incident that you may have been involved in tell them to make an appointment with your attorney. Your attorney will keep you from incriminating yourself and make the police back up clams of evidence by producing that evidence. Never talk to the police about an incident that they think you are involved in.
    Answer Applies to: California
    Replied: 3/7/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Do not talk to the police without a lawyer present. He must already think you are guilty or he would not be investigating you. There is no way that talking to him will help you, despite what he is telling you. Hire a lawyer and only then should you talk to the detective.
    Answer Applies to: Utah
    Replied: 3/7/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    DO NOT TALK TO COP ever about a case where you are a suspect without an attorney. The goal is not to help YOU but cop get a confession/admission.
    Answer Applies to: California
    Replied: 3/7/2013
    Dennis P. Mikko Attorney at Law | Dennis P. Mikko
    If you are questioned by the police, you have the right to remain silent. Remember, anything you say can and will be used against you. You do not have to talk to the police. You should contact an attorney who can advise and assist you in this matter.
    Answer Applies to: Michigan
    Replied: 3/7/2013
    The O'Hanlon Law Firm, P.C. | Stephen O'Hanlon
    Fifth Amendment. Don't speak to police. If they have nothing, you will give them something by speaking to them.
    Answer Applies to: Pennsylvania
    Replied: 3/7/2013
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    Talk to an attorney first.
    Answer Applies to: Alabama
    Replied: 3/7/2013
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