Perhaps you have received a call from a police officer or a detective asking you to come into the department to give a statement. Another possibility is that a police officer or detective shows up to your home and asks you to answer some questions. It could even be possible that law enforcement reaches out to you over the phone. In all of these situations you may ask if you should cooperate and answer the questions.
If you are being investigated for possibly being involved in the commission of a crime the answer is no, you should not give a statement or answer questions without FIRST speaking with an attorney. Even if you know you did not do anything wrong, if you are being investigated for a potential crime, then you should not answer questions on your own.
One might ask, if I didn’t do anything wrong then why should I not go ahead an answer questions? First, you have a constitutional right to remain silent and a right to have an attorney present if you do decide to answer questions. Those are protected rights for a reason. If you are a suspect in a crime and the police want to talk to you then they have some thought that perhaps you did break the law. This many times means that they are going to ask you questions with the assumption that you did something wrong even though you did not.
Further, police do not have to be honest when questioning you. If the police, ask a suspect questions they can lie to try to get them to admit to something in response. For example, they can claim they have an eyewitness, that the crime was all caught on tape, or even that they have your DNA. All of those things could be told to you and be completely false. It is basic human nature that if someone is confronted with information purported to be true, even though it isn’t, they will start trying to explain away that false “truth”. In the process of creating an explanation to something that isn’t even true, many times people will unknowingly say something, when taken in a different context, can be used against them. This creates a very stressful and intimidating environment that even the most savvy person could make a mistake.
In this situation, it is always best to consult with an attorney first. All you have to do is tell law enforcement you aren’t going to give a statement or answer any questions until you have had the chance to talk with a lawyer first. Think of it this way, most of the time when a member of law enforcement is the subject of a criminal investigation, they almost always call an attorney before answering questions, so why shouldn’t you too!
“Yeah, but if I call an attorney that will make them think I did something wrong.” This is an understandable concern, but not something that will actually have a negative impact. First, most good law enforcement respect that it is your right and will understand that you are just doing what they would do if they were in the same situation. Second, it doesn’t really matter because you deciding to speak with an attorney is in no way usable against you in anyway.
Now just because you speak with an attorney doesn’t necessarily mean you won’t later answer questions. There are times when it is in the best interest of the client to cooperate and give a statement. Other times the smarter course is to just exercise your right to remain silent. This crucially important decision should only be made after consulting with an attorney and considering all of the ramifications of giving a statement or not. If the attorney does believe you should give a statement, then you will be able to have the attorney present with you. This is a great added protection because if the attorney thinks the investigator is using false information, confusing questions, or intimidating you, then the attorney can clarify things or help you to terminate the questioning. Under any scenario you will be making the best and most thoughtful decision if you have consulted with an attorney first.
If you or a loved one has been asked to give a statement or answer questions in a criminal investigation, call the attorneys at Banks & Brower 24/7 at 317-870-0019 or email us at info@banksbrower.com to consult with an attorney immediately.