If I am being questioned by detectives, and am being harassed by them should I get a lawyer to speak for me?

Asked almost 4 years ago - Fullerton, CA

I am being asked questions to things I know nothing about but the detectives keep on saying things to me (mean). They keep on telling me that I am going to be in trouble if I dont talk to them, but I have talked to them more than once and answered all their questions to the best of my ability. I have no involvement in whats going on and would just like to them to stop bothering me. What should I do? I am lost

Attorney answers (4)

  1. John M. Kaman

    Pro

    Contributor Level 20

    Answered . So the cops say you will get in trouble if you don't talk to them? The truth is you will get in trouble for sure if you do talk to them. Tell them every time they call or visit you that you will not speak to them. If they should arrest you keep your mouth zipped except to say lawyer. Recent cases say you have to keep saying it even if the cops ask you for a long time. One word only. LAWYER. Nothing else.

  2. Nicole Quijano Valera

    Pro

    Contributor Level 13

    Answered . You should make NO further statements to the police - everything you say will be used against you in court. You are under no obligation to answer any of their questions and it is a strong possibility that they believe you are a suspect in a crime. If you can afford to, hire an attorney who can speak to the police on your behalf and let them know you are represented and will not be making any further statements.

  3. Joseph Briscoe Dane

    Pro

    Contributor Level 20

    Answered . You've cooperated not once, but twice and they're still hounding you?

    Either they think you've got more information and are actively hiding it - making them think you're an accessory to whatever crime they're investigating.... Or they think you had something to do with the crime and you're involved.

    Either way, your best bet is to consult with a criminal defense attorney. There's something bigger going on here. Protect yourself. See the links below for more information.

  4. Andrew Michael Limberg

    Pro

    Contributor Level 16

    Answered . The Fifth Amendment guarantees “no person shall be compelled in any criminal case to be a witness against himself.” This right is designed to require prosecutors to shoulder the burden of proving their case without requiring a defendant to explain himself. This right is also meant to discourage police officers from coercing confessions.

    A person may assert the right to remain silent whenever being questioned regarding their involvement in a crime. However, a person may not assert the right to simply avoid testifying against another person. Also, the right only pertains to “communications.” The right to silence does not stop the police from photographing a suspect, taking fingerprints, drawing blood for DNA analysis, or participating in a lineup.

    A person’s right to silence is not violated if they speak voluntarily to police. Anything they say can be used against them at trial. Many innocent people will speak to police thinking they have nothing to fear since “they have nothing to hide.” However, there is no guarantee the police will not misinterpret what a person says and then later use that statement against them. Rather than speak directly to police, it is better to have a defense attorney speak to police on your behalf. After all, what an attorney says on your behalf cannot be used against you at trial.

    You cannot be punished for asserting your right to remain silent. At trial, a prosecutor cannot comment on your refusal to speak to police. Furthermore, a prosecutor cannot comment on a defendant’s refusal to testify during trial. If you are being investigated by the police, there is no need to speak to the police directly. A good defense attorney can effectively act as a buffer between you and the police, telling your side of the story without risking your words being taken out of context and being later used against you.

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