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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 26826
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Can I be ordered to come in by a law enforcement officer if

Customer Question

can I be ordered to come in for questioning by a law enforcement officer if I am no implicated in a case but someone I know was arrested for something and they have been charged with anything. they have been incarcerated for 3 weeks and still has not been charged. they are currently being held on po hold
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Zoey_ JD replied 1 year ago.

Hello,

You cannot be ordered to come in for questioning, and don't make the mistake of thinking that you're not implicated in their case. If the police want to question you and believe you know something, you could implicate yourself, since anything you say can potentially be used against you, even what you think can't possibly hurt.

If they subpoena you, then you must comply with a court order. Otherwise, you don't have to go talk to them.

Customer: replied 1 year ago.
is ok for me to say i would like to consult an attorney before speaking with you.. I spoke to them once before. so since i spoke to the once do i have to continue. the officer did say that they are not saying that i did anything wrong. I have never been in trouble with the law before
Expert:  Zoey_ JD replied 1 year ago.

Yes, it's okay to say you want to consult with an attorney. It's okay to say that you want to bring an attorney. It's also okay to say that you've already told them all that you know and have nothing further to say. You do not have to talk to them just because you talked to them in the past.

If you have material information, they can subpoena you. If you don't, they are fishing for evidence, and you cannot rely on the fact that it has nothiing to do with you because police are allowed to lie and use trickery to learn information about criminal activity.