QUESTION
Do you have to talk to a police detective?
Asked on Aug 28th, 2011 on Criminal Law - California
More details to this question:
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.
43 ANSWERS
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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No. He should immediately assert his right to a lawyer.
Answered on Jun 09th, 2013 at 7:55 PM
Criminal Law Attorney serving Dallas, TX
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Carl Henry Judin, III
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No. Get advise from a qualified criminal defense attorney quick.
Answered on Jun 09th, 2013 at 7:50 PM
Roianne Houlton Conner
I suggest that you hire an attorney and decline a second interview.
Answered on Sep 02nd, 2011 at 11:27 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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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.
Answered on Aug 31st, 2011 at 6:23 PM
Jacob P. Sartz
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.
Answered on Aug 31st, 2011 at 1:28 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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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).
Answered on Aug 31st, 2011 at 10:09 AM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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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.
Answered on Aug 31st, 2011 at 6:45 AM
Bankruptcy Attorney serving Santa Ana, CA
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Law Offices of David L. Smith
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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.
Answered on Aug 31st, 2011 at 5:23 AM
General Litigation Attorney serving Shelby Township, MI
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Law Offices of Jeffery A. Cojocar, P.C.
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He should not do that unless and attorney is with him.
Answered on Aug 30th, 2011 at 3:24 PM
2 Awards
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.
Answered on Aug 30th, 2011 at 3:22 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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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.
Answered on Aug 30th, 2011 at 3:13 PM
Kevin Michael 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.
Answered on Aug 30th, 2011 at 2:38 PM
Steven D. 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.
Answered on Aug 30th, 2011 at 2:16 PM
Every person has the right to remain silent in the face of police questioning.
Answered on Aug 30th, 2011 at 2:16 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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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.
Answered on Aug 30th, 2011 at 2:09 PM
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.
Answered on Aug 30th, 2011 at 2:05 PM
Drunk Driving Attorney serving Spencer, MA
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Law Office of Ernest T. Biando LLC
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No-and I always advise my clients to retain an attorney before any statements are made.
Answered on Aug 30th, 2011 at 1:35 PM
Family Attorney serving Traverse City, MI
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Craig W. Elhart, PC
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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.
Answered on Aug 30th, 2011 at 12:20 PM
Criminal Attorney serving Clinton Township, MI
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Richard M. Halprin
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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.
Answered on Aug 30th, 2011 at 12:11 PM
Contract Negotiations Attorney serving Miami Lakes, FL
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Florido & Associates, P.A.
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A person has the right not to self-incriminate. I suggest you speak to an attorney immediately.
Answered on Aug 30th, 2011 at 10:38 AM
Samuel H. 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!
Answered on Aug 30th, 2011 at 10:13 AM
Michael J. 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!!!!!
Answered on Aug 30th, 2011 at 8:46 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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He should have an attorney. If they consider him a suspect, he should not submit to questioning without counsel.
Answered on Aug 30th, 2011 at 7:37 AM
He does not have to talk with law enforcement and is entitled to have a lawyer present if he does.
Answered on Aug 30th, 2011 at 7:25 AM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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He should not speak to the police. Not at all. As well, he needs to hire an attorney immediately
Answered on Aug 30th, 2011 at 7:23 AM
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.
Answered on Aug 30th, 2011 at 7:21 AM
He does not have to talk to the police. If they want to speak to him again, thats usually a bad sign.
Answered on Aug 30th, 2011 at 7:20 AM
Assault and Battery Attorney serving Tacoma, WA
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Michael Maltby, Attorney at Law
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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.
Answered on Aug 30th, 2011 at 7:16 AM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
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.
Answered on Aug 30th, 2011 at 7:10 AM
Divorce Attorney serving Little Rock, AR
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Law Office of Kathryn L. Hudson
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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.
Answered on Aug 30th, 2011 at 7:03 AM
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He should not talk to anyone until he has talked to a lawyer.
Answered on Aug 30th, 2011 at 6:58 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Absolutely not. They don't have enough evidence and they are finding more by questioning him. He needs to hire a lawyer ASAP.
Answered on Aug 30th, 2011 at 6:55 AM
He should not have gone in to begin with, and should not make any further state.
Answered on Aug 30th, 2011 at 6:52 AM
Criminal Law Attorney serving Oakland, CA
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Dennis Roberts A Professional Corporation
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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.
Answered on Aug 30th, 2011 at 6:36 AM
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.
Answered on Aug 30th, 2011 at 6:18 AM
4 Awards
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.
Answered on Aug 30th, 2011 at 6:11 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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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.
Answered on Aug 30th, 2011 at 5:56 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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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.
Answered on Aug 30th, 2011 at 5:50 AM
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?!
Answered on Aug 30th, 2011 at 5:32 AM
Criminal Defense Attorney serving Birmingham, AL
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The Harris Firm, LLC
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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.
Answered on Aug 30th, 2011 at 5:24 AM
Personal Injury Attorney serving Las Vegas, NV
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James E. Smith, LTD
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He should not talk to the police without an attorney present. He has no obligation to talk to the police at all.
Answered on Aug 30th, 2011 at 5:10 AM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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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!!
Answered on Aug 30th, 2011 at 5:09 AM
Criminal Defense Attorney serving Tustin, CA
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Wallin & Klarich, A Law Corporation
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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.
Answered on Aug 29th, 2011 at 9:05 PM