Do you have to talk to a police detective? 73 Answers as of July 09, 2013

My son had sex with a woman he knew and she is claiming that he raped her. The police have not charged him and he went in to give his statement, but they want him to come in again for more questioning.

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Law Offices of John Carney
Law Offices of John Carney | John Carney
Your statement indicates that your son was contacted by the police on rape charges and he agreed to talk to the police. They want to interview him again and you want to know if he should talk to them. If you allowed your son to talk to the policed about a rape charge without contacting an attorney then you made a big mistake. Most people are nor smart enough to call an attorney when they are charged with a crime, contacted by the police, or their family is contacted by the police. This is because they are uneducated, naive, and do not understand their rights. This often results in the police getting confessions or incriminating statements that result in convictions when the police would not otherwise have has enough evidence to charge or convict them of a crime. You should call an attorney when you or your family is contacted by the police. Your ignorance of the law may result in your son being convicted of rape, going to jail, and being a registered sex offender. You should contact a criminal attorney to advise you since you are not able to make such decisions.
Answer Applies to: New York
Replied: 9/2/2011
Law Office of Rankin Johnson IV, LLC
Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
Never ever talk to the police without counsel, especially when you know you're a suspect. Never. The police are good at getting people to talk. Don't be fooled or talked into it. You should hire counsel right away. If you can't afford it, your son should refuse to talk to anyone, and, if he is arrested or charged, the court will appoint counsel.
Answer Applies to: Oregon
Replied: 9/1/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If he is the focus of the investigation, he has the right to remain silent and not give an interview to the police. He should consult with an attorney to protect his rights.
Answer Applies to: Kansas
Replied: 8/31/2011
Thomas J. Tomko Attorney At law
Thomas J. Tomko Attorney At law | Thomas J. Tomko
NO. The primary purpose for questioning him is to gather additional evidence against him. Answering questions without an attorney present is a big mistake. He made the mistake once by talking to police he should not repeat the mistake.
Answer Applies to: Michigan
Replied: 8/31/2011
Cornish, Crowley, Rockafellow, & Sartz, PLLC
Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
Your son has a constitutional right to remain silent. The police cannot force him to potentially incriminate himself by speaking regarding this pending matter. However, he may be waiving that right by providing his statements. He has no duty to talk to the police in a pending criminal investigation. However, if he elects to talk to the police, he does so at his own peril. What your son says can and will be used against him if the case proceeds. I'd strongly recommend that your son retain an attorney prior to going to any questioning.
Answer Applies to: Michigan
Replied: 8/31/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    Your son should not have given a statement in the first place without the assistance of a lawyer. He needs to talk with a lawyer about the situation BEFORE he talks with police again if that is going to happen. Technically, they cannot be making a decision on who they believe. They are supposed to report what they are told and the prosecutors' office decides whether to take charges - which generally they do if they have one saying yes and one saying no - how are they to know what the truth is (unless her story is completely outlandish).
    Answer Applies to: Texas
    Replied: 8/31/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    No.
    Answer Applies to: California
    Replied: 6/9/2013
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    A suspect has no duty to help the police build a case against him. If, for some reason, your son wants to speak to the police now or in the future, he should never go without his attorney. Never.
    Answer Applies to: California
    Replied: 8/31/2011
    Law Offices of David L. Smith
    Law Offices of David L. Smith | David Lee Smith
    Should have never spoke to the police in the first place, can only hurt his case. Exercise your constitutional right not to talk and seek advice of counsel. These are very serious allegations.
    Answer Applies to: California
    Replied: 8/31/2011
    Andersen Law PLLC
    Andersen Law PLLC | Craig Andersen
    No he does not have to talk to the police. If he has already, he's already made a mistake. Your son needs an attorney who has experience defending sex offenses; otherwise he could end up in prison in six to eight months' time.
    Answer Applies to: Washington
    Replied: 8/30/2011
    Law Offices of Jeffery A. Cojocar, PC
    Law Offices of Jeffery A. Cojocar, PC | Jeffery A. Cojocar
    He should not do that unless and attorney is with him.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Michael D. Fluke, P.A.
    Michael D. Fluke, P.A. | Michael D. Fluke
    Not only do you not have to speak with the police, but I would highly advise against it. Especially without the help of an attorney. I suggest your son consults an experienced Criminal Defense attorney to discuss his case in greater detail and learn all of his rights and options.
    Answer Applies to: Florida
    Replied: 8/30/2011
    The Chastaine Law Office
    The Chastaine Law Office | Michael Chastaine
    Before talking to the police (again) he should consult an experienced attorney to determine the best course of action. This is very important. Don't let him talk to the police before he speaks to an attorney.
    Answer Applies to: California
    Replied: 8/30/2011
    Judin & Rogers
    Judin & Rogers | Hank Judin
    No. Get advise from a qualified criminal defense attorney quick.
    Answer Applies to: Texas
    Replied: 6/9/2013
    Grantland, Blodgett, Shaw & Abel
    Grantland, Blodgett, Shaw & Abel | Gregory M. Abel
    Every human in the United States has the right to remain silent. Very few people have the ability to remain silent. 90% of all criminal cases are closed by the defendant's own statements. Your son should absolutely NOT speak about it with the police any longer. If they had enough to arrest him now they would. He cannot help himself by going back in to give answers to questions already asked and answered. Now they will ask the same questions differently and then use his confusion or changed answers as the reason to arrest and charge.
    Answer Applies to: Oregon
    Replied: 8/30/2011
    Kevin Smith, Attorney at Law
    Kevin Smith, Attorney at Law | Kevin Smith
    You do not ever have to talk with a member of law enforcement other than to identify yourself by name, and in this case your son should not speak with them again until he has spoken with an experienced criminal defense attorney. In all likelihood, the police will simply cherry pick whatever your son tells them in order to develop a case against him. Do not let your son go talk to the police until he has spoken with a defense attorney, in complete confidence, about the case, and your son should notunder any circumstances go to the police department unless he is accompanied by representation.
    Answer Applies to: Connecticut
    Replied: 8/30/2011
    Dunnings Law Firm
    Dunnings Law Firm | Steven Dunnings
    Do you know that part on the T.V. cop shows where the officer say "You have the right to remain silent. Anything you say can be used against you in a court of law" That's that Constitutional right to remain silent you might have heard about.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    Every person has the right to remain silent in the face of police questioning.
    Answer Applies to: Colorado
    Replied: 8/30/2011
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    He needs to have an attorney with him whenever he talks with the police. He does not have to go in for the second time.
    Answer Applies to: California
    Replied: 8/30/2011
    Healan Law Offices
    Healan Law Offices | William D. Healan, III
    No he does not have to talk to the detective. He should talk to a lawyer instead.
    Answer Applies to: Georgia
    Replied: 8/30/2011
    Brucar & Yetter, P.C.
    Brucar & Yetter, P.C. | Wayne Brucar
    An individual NEVER has to talk to the police. In many circumstances, the best course of action is to refuse to speak to the police. In a situation as serious as this, it is imperative that you contact an attorney you trust immediately. Often, getting an attorney involved in an investigation in the early stages can aid in the defense or, in some cases, prevent charges from being filed altogether.
    Answer Applies to: Illinois
    Replied: 8/30/2011
    Reeves Law Firm, P.C.
    Reeves Law Firm, P.C. | Roy L. Reeves
    Yes and No. If he does not speak with detectives, they have the ability to go to the magistrate and get a warrant and then give your son a ride to the police station. Then again, it is likely if they have already spoken to him once that they already have a warrant for arrest and they (the cops) often ask a witness to come talk again only as a ruse to get them to come to the police station for arrest. I am not stating that is what is happening here, just that it is a common act. I highly suggest your son request a lawyer and get one sooner rather than later.
    Answer Applies to: Texas
    Replied: 8/30/2011
    Law Office of Ernest T. Biando, LLC | Ernest Biando
    No-and I always advise my clients to retain an attorney before any statements are made.
    Answer Applies to: Massachusetts
    Replied: 8/30/2011
    Law Office of Hieu Vu
    Law Office of Hieu Vu | Hieu N Vu
    Don't be tricked by the police. "We just have some questions for you" "You can leave if you cooperate" They are probably building their case. If they had enough to arrest him, then they would have already. You don't have to say anything to the police. There is the 5th amendment. You have the right to remain silent and the right to counsel 6th amendment. The police must respect these rights.
    Answer Applies to: California
    Replied: 8/30/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You are never required to speak to law enforcement, and you cannot be compelled to do so. if you are part of a criminal investigation, under the fifth amendment, you cannot be compelled to be a witness against yourself. In other words, you have a right to remain silent which, in most cases, should be exercised.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    You NEVER have to talk to the police. Never allow yourself to be questioned by the police when you are the subject of a criminal investigation without counsel. Call our firm ASAP to discuss retaining us to represent your son in this investigation.
    Answer Applies to: New York
    Replied: 8/30/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    A person has the right to remain silent. Anything they say can and will be used against him. He does not have to talk to the police. He may wish to speak with a lawyer and seek further advise.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    I never recommend a client give the police a statement and he does not have to. I would simply tell the police that we have said all we are going to say about it.
    Answer Applies to: Nebraska
    Replied: 8/30/2011
    Furlong & Drewniak PLLC
    Furlong & Drewniak PLLC | Thaddeus Furlong, Esq.
    Generally you should never talk to the police without a lawyer to protect you. Giving statements narrows your options and rarely is ever a good idea. Definitely do not go back without legal counsel.
    Answer Applies to: Virginia
    Replied: 8/30/2011
    Halprin Law Office
    Halprin Law Office | Richard Halprin
    The U. S. Constitution guarantees a right against self incrimination and a right to counsel. A suspect or defendant cannnot be required to participate in an investigation.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Hugo Florido ESQ.
    Hugo Florido ESQ. | Hugo Florido
    A person has the right not to self-incriminate. I suggest you speak to an attorney immediately.
    Answer Applies to: Florida
    Replied: 8/30/2011
    Law Office of Roianne H. Conner
    Law Office of Roianne H. Conner | Roianne Houlton Conner
    I suggest that you hire an attorney and decline a second interview.
    Answer Applies to: Alabama
    Replied: 9/2/2011
    Harrison & Harrison
    Harrison & Harrison | Samuel Harrison
    He does not have to and he should not talk to them under any circumstances. He needs a very good criminal defense lawyer, and he needs that lawyer NOW!
    Answer Applies to: Georgia
    Replied: 8/30/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    BAD IDEA Do not talk to the police thaey are just looking to get a confession. Get an attorney BEFORE talking to the police and then follow his instructions. YOU HAVE THE RIGHT TO REMAIN SILENT that means you DO NOT HAVE TO TALK TO THE POLICE!!!!!
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Tim Paynter, Attorney at Law
    Tim Paynter, Attorney at Law | Tim Paynter
    URGENT: Your son does not have to talk to a police detective. In fact he should NOT talk to a police detective. Have your son contact a lawyer immediately! If he is arrested he should refuse to answer ALL questions and ask for an attorney. If he is asked to go to the station 'just to clear this all up' he should refuse. We still have the Fifth Amendment right to silence which your son should invoke. Best of luck!
    Answer Applies to: Colorado
    Replied: 8/30/2011
    Kathleen N. Carey Law Offices, PLC
    Kathleen N. Carey Law Offices, PLC | Kathleen N. Carey
    Everything your son says to the detective (and/or others) can and will be used against him. These are very, very serious allegations. He should retain a criminal defense attorney immediately and stop talking to the police.
    Answer Applies to: Arizona
    Replied: 8/30/2011
    The English Law Firm
    The English Law Firm | Robert English
    He should have an attorney. If they consider him a suspect, he should not submit to questioning without counsel.
    Answer Applies to: California
    Replied: 8/30/2011
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    No, you never have to talk to the police - even (especially) if you're arrested. You certainly can if you want to, but it is generally in your best interest to stay silent. One option is to hire an attorney to go in with you while you talk. This way your rights are protected but you also get credit for cooperating. Please feel free to call me if you would like to discuss the details of the case. Good luck.
    Answer Applies to: California
    Replied: 8/30/2011
    Law Office of James A Schoenberger
    Law Office of James A Schoenberger | James A Schoenberger
    He does not have to talk with law enforcement and is entitled to have a lawyer present if he does.
    Answer Applies to: Washington
    Replied: 8/30/2011
    Eric J Schurman, Attorney at Law
    Eric J Schurman, Attorney at Law | Eric James Schurman
    He should not speak to the police. Not at all. As well, he needs to hire an attorney immediately
    Answer Applies to: Washington
    Replied: 8/30/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    Your son does not have to speak with the detectives. Keep in mind that everything your son says will be used against him. Your son should seek the advise of an attorney.
    Answer Applies to: New York
    Replied: 8/30/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    He does not have to talk to the police. If they want to speak to him again, thats usually a bad sign.
    Answer Applies to: California
    Replied: 8/30/2011
    Michael Maltby, Attorney at Law
    Michael Maltby, Attorney at Law | Michael Maltby
    No you do not have to talk to a police detective. You have a 5th Amendment right to be silent. I advise consulting with an attorney at this juncture.
    Answer Applies to: Washington
    Replied: 8/30/2011
    The Law Office of Eric R. Chandler, P.C., L.L.O.
    The Law Office of Eric R. Chandler, P.C., L.L.O. | Eric R. Chandler
    Not only do you not have to speak with law enforcement, you should NOT speak with law enforcement. The only thing your son can do is make a bad case good or a good case better for the prosecution. Contact a criminal defense lawyer.
    Answer Applies to: Nebraska
    Replied: 8/30/2011
    Law Office of Kathryn L. Hudson
    Law Office of Kathryn L. Hudson | Kathryn L. Hudson
    Your son should not go back without a lawyer. When allegations like this are made it is very important that the person be protected against self-incrimination. Contrary to what many believe, having a lawyer present for police questioning does not make you look guilty, and it puts the police on notice that lines will not be crossed.
    Answer Applies to: Arkansas
    Replied: 8/30/2011
    Law Office of Rodney Nosratabadi
    Law Office of Rodney Nosratabadi | Rodney Nosratabadi
    Do not speak with anyone about the facts. Anything you say not only can, but absolutely will be used against you.
    Answer Applies to: California
    Replied: 8/30/2011
    Gutin and Wolverton
    Gutin and Wolverton | Harley Gutin
    He should not talk to anyone until he has talked to a lawyer.
    Answer Applies to: Florida
    Replied: 8/30/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    Absolutely not. They don't have enough evidence and they are finding more by questioning him. He needs to hire a lawyer ASAP.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Michael R. Nack, Attorney at Law
    Michael R. Nack, Attorney at Law | Michael R. Nack
    He should not have gone in to begin with, and should not make any further state.
    Answer Applies to: Missouri
    Replied: 8/30/2011
    Anderson Law Office
    Anderson Law Office | Scott L. Anderson
    No, you have a right to remain silent. If you give up that right statement you make can be used against you.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    John Segelbaum, P.S.
    John Segelbaum, P.S. | John Segelbaum
    He is not required to talk to the police and he should not give a statement. He needs an attorney.
    Answer Applies to: Washington
    Replied: 8/30/2011
    Van Der Jagt Law Firm
    Van Der Jagt Law Firm | Grant Van Der Jagt
    No. No. No. No. No. No! Have his attorney present at all meetings. He should not say a word! Not even a body language word!
    Answer Applies to: Colorado
    Replied: 8/30/2011
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Get him a lawyer and shut him up. The main reason the cops want "follow up" questions is that they are trying to establish guilt. It is perfectly legal to refuse toanswer their questions. It is only illegal to lie to them.
    Answer Applies to: California
    Replied: 8/30/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    You have an absolute right to remain silent. No one can force you to make a statement if you feel it is not in your best interest to do so.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Law Offices of James A Bates
    Law Offices of James A Bates | James A Bates
    Your son does NOT have to talk to the detective and should not have in the first place. Have you ever heard of the right to remain silent? It is on TV all the time. Tell him to tell the detective that he wants to talk to an attorney. The detective must stop all attempts at questioning him.
    Answer Applies to: California
    Replied: 8/30/2011
    Mark C. Cogan Law Offices | Mark Cogan
    Your son should get a lawyer and get one fast. Police have ways to manipulate suspects to give incriminating statements. Your son should insist on an attorney being present for any questioning.
    Answer Applies to: Oregon
    Replied: 8/30/2011
    Betts Legal Services
    Betts Legal Services | Shawn M. Betts
    No. You are never required to give a statement to police whether in custody or not. And it is advised that he not give them any statements whatsoever.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    Attorney at Law
    Attorney at Law | Steven C. Bullock
    He should absolutely NOT talk with the police about these allegations without an attorney and even then, any attorney would suggest no further statements.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Shane Law Office
    Shane Law Office | Robert J. Shane
    Please advise your son not to speak with the police regarding the alleged rape claim. The police are not interested in the truth. They are only interested in using your son's statement to convict him.
    Answer Applies to: Minnesota
    Replied: 8/30/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    No one ever has to talk to the police. Keep in mind that the police are not looking for ways to help him. He is entitled to have a lawyer present during any police questioning. This is a very serious offense that he is accused of so I would strongly urge him to retain counsel for that purpose should he decide to talk to the police.
    Answer Applies to: Michigan
    Replied: 8/30/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    He was a complete fool to have gone the first time, especially without an attorney present. If you let him go again a second time, you will replace him as the biggest fool ever! Have you ever heard of the right to remain silent?!
    Answer Applies to: California
    Replied: 8/30/2011
    Law Offices of Martina A. Vigil, PC
    Law Offices of Martina A. Vigil, PC | Martina A. Vigil
    Your son should hire an attorney immediately! He should remain silent and request the assistance of counsel next time they ask to question him.
    Answer Applies to: California
    Replied: 8/30/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    No, no, no - a thousand times NO. Talking to the police is the absolute WORST thing he can do. They are not interested in his side of things. They don't want to help clear his name. They don't want to present both sides. They want an incriminating statement from him to help convict him. Why would he EVER do that? It sounds like he's already answered some questions. Going in a second time can only be worse. Any difference between the first and second statement will make them think he's lying and guilty. The ONLY person he should be talking to is his attorney in a confidential setting. He should find a local criminal defense attorney ASAP to discuss the situation. Until then, absolutely NO statements to anyone. Not to you, the police, his friends... nobody. No emails, texts, facebook, twitter.... absolutely nothing. He especially should avoid talking to the woman. Why? The police could be recording the call and any statement he makes could hurt him. Have I been emphatic enough? Absolutely NO further statements.
    Answer Applies to: California
    Replied: 8/30/2011
    Attorney at Law
    Attorney at Law | Michael J. Kennedy
    One should NEVER talk to the cops!!! That is the most idiotic and suicidal thing a person can do. They exist to put cases together, not to help defendants, victims, nor anyone else. Never, ever talk to the cops in such circumstance.
    Answer Applies to: California
    Replied: 8/30/2011
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    You need to hire an attorney, if he is accused of a crime, and his attorney will advise him as to what he wants him to do. The usual advice is: don't speak to anyone about it.
    Answer Applies to: Alabama
    Replied: 8/30/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Yes, the police can question him further, however, as originally, he has a right to invoke his Fifth Amendment rights to remian silent. Honestly, before returning to the police station, retain the services of a qualified criminal defense attorney, for the police sometimes use tactics that can be detrimental to him if he is confined long, or whatever. A lawyer knows about how the police operate, hire him right away.
    Answer Applies to: Illinois
    Replied: 8/30/2011
    Fabian & Associates, Inc.
    Fabian & Associates, Inc. | Stephen G. Fabian, Jr.
    Shouldn't have talked with them in the first place.
    Answer Applies to: Oklahoma
    Replied: 7/9/2013
    Law Office of James E. Smith
    Law Office of James E. Smith | James Smith
    He should not talk to the police without an attorney present. He has no obligation to talk to the police at all.
    Answer Applies to: Nevada
    Replied: 8/30/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    No. He should immediately assert his right to a lawyer.
    Answer Applies to: New York
    Replied: 6/9/2013
    Freeborn Law Offices, P.S.
    Freeborn Law Offices, P.S. | Steve Freeborn
    No, he does not have to. If he does, anything he says can and will be used against him. Even if you think there is no basis to the claim, DO NOT speak with a detective, or anyone!!! Without first consulting with an attorney. Rape charges have VERY serious consequences if found guilty. GET AN ATTORNEY!!
    Answer Applies to: Washington
    Replied: 8/30/2011
    Wallin & Klarich
    Wallin & Klarich | Stephen D. Klarich
    Absolutely under no circumstance should your son give any statements whatsoever. Ever. Not without an attorney. Your son has a 5th Amendment right to remain silent.
    Answer Applies to: California
    Replied: 8/29/2011
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