Do I have to speak with a police detective? - Criminal Law Questions and Answers- LawQA.com

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Do I have to speak with a police detective?

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?

Law Office of Eric Sterkenburg
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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: 8/18/2011

Answer By Robert English
The English Law Firm
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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: 8/17/2011

The Law Office of Harry E. Hudson, Jr.
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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: 8/16/2011

Answer By Terry Nelson
Nelson & Lawless
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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: 8/16/2011

Answer By Paul Wallin
Wallin & Klarich: A Law Corporation
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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: 8/15/2011

Answer By James A Bates
Law Offices of James A Bates
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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: 8/15/2011

Answer By Dennis Roberts
Dennis Roberts, a P.C.
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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: 8/15/2011

Answer By Joe Dane
Law Office of Joe Dane
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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: 8/15/2011

Law Office of Peter F. Goldscheider
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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: 8/15/2011

Answer By Jeff Yeh
Law Office of Jeff Yeh
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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: 8/15/2011

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