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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15956
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Friday i got a voice mail from a detective saying he needed

Customer Question

Friday i got a voice mail from a detective saying he needed me to come in & tell my side of the story & if i didnt come by tue @2:00 he would put a warrant out for me can he do this
Submitted: 10 months ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 10 months ago.

Hello,

Yes, they can do this if that's what they want. However, they also can be bluffing.

The only way you should visit the police is if you bring along a lawyer who thinks it's a good idea for you to talk to them. Otherwise, anything you say to them can be used against you. Even if you believe what you have to say is harmless or even favorable to yourself, you'd be amazed at how the police can twist statements to turn them into something damaging. You can only rarely help yourself by cooperating with the police and you can hurt yourself badly.

Because of the 5th Amendment to the Constitution, you have a fundamental right against self-incrimination. If you're a suspect of a crime, you NEVER have to discuss it with the police, and your failure to cooperate cannot ever be used against you.

Usually, when the police invite you to a discussion so that you can "help them" with their investigation, it's because they haven't got enough evidence yet to just arrest you. If they believed the complainant was telling them the truth, they'd just come and get you. It's generally when they are not sure whether the complainant is telling the truth or not that they want you to make an appointment to talk to them'

If you agree to go there, the police are skillful manipulators and trained interrogators. If you confirms enough of what they already have against you, they will arrest you and you'll have made admisstions that will tie your lawyer's hands when the case comes to court. This is never good to do.

Ifyou doesn't agree to come in and talk, well maybe they will find probable cause anyway and get that warrant. But if that does happen, at least you won't have handed them evidence, made any kinds of admissions, and tipped off the state as to what your defense will be.

The police know,, that you don't have to talk (that's the whole point of Miranda warnings), and all you have to do is tell them that you want to speak to a lawyer before discussing the matter or, that on advice of counsel you are not going to discuss this matter. They have to back off of the questioning.

If they arrest you, it won't be because you didn't talk to the police. It will be because the police believe they have enough evidence even without your cooperation to make the charges stick.

Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 15956
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
Zoey_ JD and 4 other Criminal Law Specialists are ready to help you
Customer: replied 10 months ago.

Thanks

Expert:  Zoey_ JD replied 10 months ago.
You're very welcome.

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