Do I have to speak with a police detective? 14 Answers as of September 01, 2011

I have been called by a police detective 3 times. They want to ask questions about my boyfriend and a robbery that they say he is involved in. Do I have to speak with them? I am in California. Can I get an attorney to sit with me at the police station?

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Law Office of Eric Sterkenburg
Law Office of Eric Sterkenburg | Eric Sterkenburg
You do not have to speak to the police unless you are subpoenaed to. When you do it is always best to have an attorney with you.
Answer Applies to: California
Replied: 8/19/2011
The English Law Firm
The English Law Firm | Robert English
You do not have to speak with them and you can have an attorney. Be aware that they may then start threatening you with prosecution, however.
Answer Applies to: California
Replied: 8/18/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
You do not have to speak to any person you do not want to speak to. If you are concerned that the cops may want to make you a participant in a robbery allegedly committed by your boy friend, I would not suggest you talk to the cops with or without an attorney.
Answer Applies to: California
Replied: 8/17/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
No. The advice to you is the same as for him: Exercise the 5th Amendment right to SHUT UP and do NOT talk to police or ANYONE about the case except an attorney. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict.
Answer Applies to: California
Replied: 9/1/2011
Wallin & Klarich: A Law Corporation
Wallin & Klarich: A Law Corporation | Paul Wallin
You can legally refuse to speak to the police. All you have to do is tell the police you do not wish to speak to them. Often police officers will try to intimidate you or threaten you. IT is a very good idea to retain an experienced criminal defense law firm to intervene on your behalf to make clear to the police that they are not to speak to you.
Answer Applies to: California
Replied: 8/16/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    You must consider yourself a suspect if they want to question you. Get an attorney first and remember that you have the right to remain silent.
    Answer Applies to: California
    Replied: 8/16/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    You can refuse to speak to them. But you cannot speak to them and tell them a lie as that is a crime. I would line up an attorney so in case they do take you in, you can have him come there and tell them you aren't answering any questions.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    Not only are you NOT obligated to speak to them, it is in your best interest NOT to talk to them. They're not looking for "your side" of things - they're trying to get a statement from you that incriminates your boyfriend. Worse than that, depending on what you say, you could easily talk yourself into being an accomplice or accessory. Yes, you can have an attorney with you while you answer questions, but your lawyer probably will NOT want you to talk to the police unless he has an immunity agreement in place from the DA. The police can't promise you anything. Talk to a local criminal defense attorney before ever dealing with the police.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Peter F. Goldscheider
    Law Office of Peter F. Goldscheider | Peter Goldscheider
    You have no duty to speak to the police whatsoever and if you believe they are investigating you for a crime should not do so without consulting a certified criminal law specialist.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should absolutely NOT speak to any police detective. You have the right to be silent. If you somehow choose to ignore this advice, then at least have an attorney present before any questioning. Remember, the cops are trying to use your words to convict your boyfriend. Dont' fall for it.
    Answer Applies to: California
    Replied: 8/16/2011
    California Criminal Defense Center
    California Criminal Defense Center | Ardalon Fakhimi
    You are not required to speak to law enforcement to assist them in their criminal investigation. It would be best to consult with a criminal defense lawyer before making ANY statements to law enforcement. If you wish to speak to detectives concerning their investigation, you may have an attorney present with you. As a potential witness, you have no legal obligation to speak with law enforcement. Also, you always have a 5th Amendment Constitutional right to remain silent. It is an important right which you should exercise if you have any doubts about making a statement or sharing information.
    Answer Applies to: California
    Replied: 8/16/2011
    Wallin & Klarich: A Law Corporation
    Wallin & Klarich: A Law Corporation | Christopher Lee
    You do not have to speak with the police. You are never required to speak with the police. In this case, you should avoid speaking with the police, because whatever you say can be used to prosecute your boyfriend.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    You do not have to answer any questions by any detectives unless you are subpoenaed to do so. It is probably in your boyfriend's best interest to not speak to the police. If you could be implicated in any crimes, I suggest you hire an attorney immediately.
    Answer Applies to: California
    Replied: 8/16/2011
    Law Office of Rodney Nosratabadi
    Law Office of Rodney Nosratabadi | Rodney Nosratabadi
    No. you have the right to remain silent. Anything you saynot only can, but definitely will be used against you. Get a lawyer NOW.
    Answer Applies to: California
    Replied: 8/16/2011
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