i came home 2 days ago and a detective was at my house and ask me to come downstairs about a traffic sitation. he begins to inform me that i have been positively identified in a photo pack and that my phone records shows i was calling someone involved in a shooting. immediatley starts asking me questions and acting very friendly. well he ask me to come down to his office to answer some more questions. please tell me what i should do. i need him to leave me alone.
Family Law Attorney
NO, contqct an attorney now!
If you are involved in a criminal law matter in Los Angeles, Orange County, Riverside or San Bernardino, California. Consider how much your freedom is worth. Other States have different Laws. Always, consult attorneys in your state!! Use Avvo’s tab “find a Lawyer” above.
YOU HAVE ABSOLUTE RIGHTS TO COUNSEL, TO CONFRONT YOUR ACCUSERS
TO REFUSE TO TESTIFY AGAINST YOURSELF,
TO WITNESSES BEING SUBPEONED,
ETC. GUARANTEED BY THE CONSTITUTION
DO NOT WAIVE THEM, IF NECESSARY ALLOW YOURSELF TO BE ARRESTED. IN MY 40 YEARS OF EXPERIENCE 99% OF THE PERSONS WHO HAVE TALKED WITH THE POLICE HAVE HURT THEIR CASES!!
WOULD YOU BET MONEY ON THOSE ODDS, WHY BET YOUR FREEDOM! POLICE ARE TRAINED IN INTERROGATION TECHNIGUES AND ALLOWED TO LIE, THEY ARE TALKING TO YOU TO GET EVIDENCE TO USE AGAINST YOU!!
YOU CAN TALK TO YOUR ATTORNEY AND HIS STATEMENTS TO THE POLICE CAN NOT BE USED AGAINST YOU.
In all legal matters, the court generally uses the reasoning of IRAC. I for issues, what are the facts and what remedies do you seek. R stands for rules and reasoning, what are the laws and what makes common sense. A is analysis how do the laws and common sense apply, C is conclusion, what are the arguments pro and con..
My name is Stephen R. Cohen and have practiced since 1974. I practice in Los Angeles and Orange County, CA. These answers do not create an attorney client relationship. My answers may offend I believe in telling the truth, I use common sense as well as the law. Other state's laws may differ.. There are a lot of really good attorneys on this site, I will do limited appearances which are preparation of court documents it is , less expensive. However generally I believe an attorney is better than none.
Immediately "lawyer up' and stop talking to that detective!
Behar Intl. Counsel 619.234.5962 Kindly be advised that the answer above is only general in nature cannot be construed as legal advice, given that not enough facts are known. It is your responsibility to retain a lawyer to analyze the facts specific to your particular situation in order to give you specific advice. Specific answers will require cognizance of all pertinent facts about your case. Any answers offered on Avvo are of a general nature only, and are not meant to create an attorney-client relationship.
Criminal Defense Attorney
When I read your question the mental image that I get is of a big bad wolf standing outside of a little piggy's house trying to sweet talk his way in, or feigning love to Little Red Riding Hood to get her to drop her guard. "Your" detective may not be that nefarious, but, then again, perhaps he is....
If I were you I would not talk to him (or any law enforcement officer for that matter) without first talking to an experienced Tampa area criminal defense lawyer - and that lawyer talking to the detective and determining whether or not it is in your best interests for you to do so. If the attorney thinks it is safe or worthwhile then s/he will accompany you and ensure that you are protected. If you do it on your own, well then, "you buys your ticket, you takes your chances".
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Family Law Attorney
I agree with my colleagues. You need to retain counsel immediately. Do NOT talk to the detective.
If you find my answer to be helpful or the best answer, please make sure to mark your choice. **COMMUNICATION ON THIS SITE DOES NOT CREATE AN ATTORNEY/CLIENT RELATIONSHIP.**
Criminal Defense Attorney
I always explain it to clients this way: If a detective comes to ask you questions, they are trying to make a case. They are seeking pieces to a puzzle. If you think the case is against you, you don't want to give them the piece that makes their puzzle complete. You don't want to give them ANY pieces. The best way to do that is to not talk to them. Detectives will not be surprised by a person refusing to speak with them. Call a lawyer and speak to the lawyer about it before doing anything else.
DUI / DWI Attorney
It has been my experience that when law enforcement wants to "talk" with the accused, all they really want to do is gather more evidence because they have already made up their minds prior to your coming in. One of two things will happen at the end of that "interview", you wil be allowed to leave or you will be arrested. I agree with Mr. Haber, hire an attorney and have the lawyer establish a dialog with law enforcement, in that way no statements can be used against you. After consultation, it may be in your best interest to talk to law enforcement.
Richard A. Alexander, Esq.
Posting an answer to your question does not create an attorney / client relationship such that you can or should rely on the information provided herein to take action. Instead, it is intended to simply provide you with information. I am not your lawyer and cannot provide you with legal advice unless and until I am hired to do so