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I was recently sent a letter stating that I was reported…

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I was recently sent a...
I was recently sent a letter stating that I was reported shoplifting and that I need to call and speak to the the criminal investigation detective in so necessary to obtain a warrant. Wouldn’t they grant a warrant if they feel like there is probable cause without speaking to me? Are they just trying to trick me into something like admitting bc they don’t have probable eveidence? Please advise this is in TX
Submitted: 7 months ago.Category: Criminal Law
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12/2/2017
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago
Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 31,295
Experience: Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Hi,

I'm Zoey.

I've reviewed your post and am typing your answer now.

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Customer reply replied 7 months ago
Ok
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Right on! Typically, when the police have probable cause to make an arrest they do so. It is generally when they don't have enough evidence to arrest the defendant that they reach out and invite them over to discuss the matter. In that way, they hope to manipulate the suspect into providing them with the rest of the evidence they need to make the arrest.

You do not have to speak to the detective who's running the investigation. YOu have a constitutional right against self-incrimination and you are never required to submit to police interrogation when you are the suspect of a crime. If you think you have something worth saying, the only way you should talk to the detective under these circumstances is with or through a criminal defense attorney.

If the detective has what he needs to arrest you, he'll arrest you. But if he doesn't, the detective will just have to find what he needs from someone other than yourself. Tell the detective if he contacts you again that you don't have anything to discuss with him until you talk to your lawyer. He will know what that means. It's not like the police don't know you have rights. It's just that their job is simpler when a defendant doesn't exercise them.

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Customer reply replied 7 months ago
The detective said that “they need to speak to me in order or not the arrest warrant is necessary” what does that mean can they still issue a warrant but we’re just trying to give me a chance to help me out? Or they realy might not have much and like you said only sent this letter to manipulate me??
Customer reply replied 7 months ago
Can they just incarcerate me or they typically would reach out?
Customer reply replied 7 months ago
Hello
Customer reply replied 7 months ago
I attached the letter
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Sorry for the delay. I took a lunch break. I will look over the letter now and then type an answer for you.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

They are saying that they want to question you and that if you don't come in, they will issue a warrant. Maybe they are telling you the truth. And maybe they are not. If they are telling you the truth, either way, this ends in your arrest. However, by talking to them, you will tie the hands of your lawyer once you are charged, because they will try to make you confess and anything you say to them can be used against you.

If they are lying to you -- which they are allowed by law to do -- then you may not have been distictively identified. If you come in, you'll probably end up arrested, but if you don't, they won't have enough evidence to take you in.

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Customer reply replied 7 months ago
I shouldn’t talk or call them in any case?
Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Sometimes, the police call you in these circumstances as a courtesy, and they are just asking you to surrender yourself voluntarily at the station so that they don't have to come to your home to arrest you. But this looks like they want to talk to you. That's always a bad idea.

You can call them and tell them that until you talk to a lawyer you have nothing to say to them. Alternatively, if you're worried that they may actually be able to arrest you and you'd rather surrender than have them come to your home or office, you could have a local criminal lawyer reach out to them and find out whether or not they actually have probable cause. If they do, the lawyer can arrange a voluntary surrender at a time and place convenient for you to be booked but he will also let the police know that you have a lawyer and are not to be interrogated.

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Criminal Lawyer: Zoey_ JD, JustAnswer Criminal Law Mentor replied 7 months ago

Just checking in to see if you need more help or any clarification of my answer. If so, please reply here on this question thread.

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