Do I have the right to do decline some detectives’ questioning invitation? 55 Answers as of May 28, 2013

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law office of Robert D. Scott | Robert Scott
Yes.
Answer Applies to: Maryland
Replied: 5/22/2013
Law Office of James A Schoenberger
Law Office of James A Schoenberger | James A Schoenberger
You have a constitutional right to remain silent.
Answer Applies to: Washington
Replied: 9/5/2012
Law Offices of Eric J. Bell | Eric J. Bell
Yes- you absolutely have the right to remain silent.
Answer Applies to: Illinois
Replied: 9/5/2012
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
Absolutely. You will do yourself NO good by speaking with a detective who is investigating you. They have but one purpose, to gather evidence against you. Anything you say WILL be used against you. You will NOT talk yourself out of a charge. Hire a good lawyer and take their advice. My advice is to not speak to any law enforcement officer without me present. And even with your lawyer, there are VERY FEW instances where I would ever allow my client to talk to any detective. They are not on your side and not there to help you.
Answer Applies to: Massachusetts
Replied: 9/5/2012
Law Office of Richard Southard
Law Office of Richard Southard | Richard C Southard
Yes. Thanks to the 5th Amendment, you do not have to answer the detective's question and it is always a good thing to exercise that right, as the detective is not trying to help you. Please note that the detective also has the right to arrest you if he has probable cause that you committed a crime. He may do so if you refuse to come in for questioning but that just means he already had enough evidence to arrest you and was just trying to make a stronger case.
Answer Applies to: New York
Replied: 9/5/2012
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Absolutely. Nobody has to cooperate with the police if they choose not to.
    Answer Applies to: California
    Replied: 9/5/2012
    Law Office of Phillip Weiser
    Law Office of Phillip Weiser | Phillip L. Weiser
    Yes.
    Answer Applies to: Kansas
    Replied: 5/22/2013
    Natty Shafer Law
    Natty Shafer Law | Nathaniel Shafer
    Yes, you have the right to remain silent. Tell the detectives you are going to exercise that right.
    Answer Applies to: Utah
    Replied: 9/5/2012
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    Yes. Do you ever watch cop shows on TV? Remember when they arrest someone they start by saying, "You have the right to remain silent?" Your right to refuse to incriminate yourself doesn't start after arrest. Just tell them, "No, thanks," and keep your mouth shut.
    Answer Applies to: Georgia
    Replied: 9/5/2012
    James M. Osak, P.C.
    James M. Osak, P.C. | James M. Osak
    YES. DO NOT allow youself to be questioned WITHOUT an attorney present!!!! REREAD THIS. Tell cops NO THANKS or just IGNORE them.
    Answer Applies to: Michigan
    Replied: 9/5/2012
    Edward  D. Dowling IV Attorney at Law
    Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
    I would need further information to answer better but generally you can refuse to answer questions and can request your attorney be present if you do want to answer questions.
    Answer Applies to: New York
    Replied: 9/5/2012
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    When questioned, arrested or charged with any crime, the proper advice: exercise the 5th Amendment right to SHUT UP and do NOT talk to police or anyone about the case except with and through an attorney.
    Answer Applies to: California
    Replied: 9/5/2012
    Connell-Savela
    Connell-Savela | Jason Savela
    Yes Cops are like any one else - if you do not want to talk w them you do not have to If arrested or contacted just say I want a lawyer You are not allowed to lie to police Even innocent people should say nothing Cops can lie to you.
    Answer Applies to: Colorado
    Replied: 9/5/2012
    R. Jason de Groot, P.A
    R. Jason de Groot, P.A | R. Jason de Groot
    Yes.
    Answer Applies to: Florida
    Replied: 5/22/2013
    Law Offices of John Carney
    Law Offices of John Carney | John Carney
    You should never agree to talk to a detective or police officer that is investigating a case without an attorney present. The police are interested in getting a confession or evidence to arrest you or someone else and you need an attorney to protect your rights. You have a right to remain silent but you have to demand that all questioning stop and that your lawyer or an attorney be present before you will answer questions. Until you say that the police can keep questioning you. They are allowed to lie to you, make false promises, or threaten you, but not torture or coerce you to get a statement.
    Answer Applies to: New York
    Replied: 9/4/2012
    Anabelle Dias, P.A.
    Anabelle Dias, P.A. | Anabelle Dias
    Yes and you should make sure you consult with an attorney before you speak with an investigator.
    Answer Applies to: Florida
    Replied: 9/4/2012
    Mary W Craig P.C. | Mary W Craig
    You have the right not to talk to the police, and if you are going to be questioned, you have the right to take an attorney with you. If they want you to come in to talk, just don't. Not without a lawyer.
    Answer Applies to: Alabama
    Replied: 9/4/2012
    Ryan Maesen PLC | Ryan Maesen
    Yes.
    Answer Applies to: Michigan
    Replied: 5/22/2013
    Miller & Harrison, LLC
    Miller & Harrison, LLC | David Harrison
    Yes, you never have to talk to the police.
    Answer Applies to: Colorado
    Replied: 9/4/2012
    Walpole Law | Robert J. Walpole
    Yes. Pursuant to the 5th Amendment to the US Constitution, you have a right to not testify against yourself and that includes answering questions. Although the detective probably told you he is attempting to determine whether a crime was committed and that your help may exonerate you, he is trained to, shall we say, put you on the spot. These types of interviews can be used against you. If you decide to accept his request for an interview, talk to a lawyer first. I recommend that you take an attorney with you.
    Answer Applies to: Oklahoma
    Replied: 9/4/2012
    Pietryga Law Office | Russ Pietryga
    Yes, in fact, you should contact an attorney as soon as possible. I am sure they will instruct you not to talk with anybody regarding your case unless your attorney is present.
    Answer Applies to: Utah
    Replied: 9/4/2012
    Law Office of Michael J. Orlando | Michael J. Orlando
    You should retain an attorney and tell the Detective to contact them first in reference to their desire to question you.
    Answer Applies to: Florida
    Replied: 9/4/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You certainly do. And you should never speak to the police without already consulting with an attorney first. Vitally important.
    Answer Applies to: Michigan
    Replied: 9/4/2012
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    Yes. If you are being investigated ort charged with a crime, retain the services of an attorney before you give any statements.
    Answer Applies to: Washington
    Replied: 9/4/2012
    Charles M. Schiff, Attorney at Law
    Charles M. Schiff, Attorney at Law | Charles M. Schiff
    Yes. If you are the person at whom an investigation is directed, you always have the right to refuse to answer questions.
    Answer Applies to: Minnesota
    Replied: 9/4/2012
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Not only do you have the right to decline, but to accept might not be wise. If you should decide to accept such an "invitation" only do so with your attorney present.
    Answer Applies to: California
    Replied: 9/4/2012
    Steven Alpers | Steven Alpers
    If you are a possible suspect "you have the right to remain silent" use your right. Ask for an attorney and you cannot be questioned. If you are a witness you do not have the right to remain silent.
    Answer Applies to: California
    Replied: 9/4/2012
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    Yes, you are not required to talk to the police.
    Answer Applies to: Georgia
    Replied: 9/4/2012
    Lee Law Group | Ernest Lee
    Friend, YES, you can decline to answer any and or all their questions. You have the right to remain silent.
    Answer Applies to: California
    Replied: 9/4/2012
Click to View More Answers:
12 3 4 5 6 7 8 9 Free Legal QuestionsConnect with a local attorney