Legal Question in Criminal Law in California

Re: possible crime violation

Friend, you talk to the police at your own peril. Many people are convicted by their statements given to police, trying to be 'cooperative'. If the police are questioning you, you face criminal charges if they get any info showing you were involved in a crime. That's their job, and they get to lie to you to get that info. I suggest you consult with criminal counsel and let them advice you on whether to talk. Feel free to contact me if serious about getting the legal help you're going to need.

Re: possible crime violation

Tell the nice officer sorry, an attorney advised you to not answer any questions.

Re: possible crime violation

You do not have to answer his questions. If the officer has enough information to arrest you they will arrest you. When they don't, they often try to get the missing information from you. You only have what is commonly known as Miranda Rights when you are in a situation of a custodial interrogation. Meaning, that you are in custody and that you are being asked questions which are likely to elicit incriminating information. If you willingly go to the police to talk with them you are not "in custody" and the police don't have to tell you that you have the right to have an attorney present. If you believe you may be the subject of an investigation you always have the right not to talk to the police. You should be very clear that you don't want to talk to the police unless you have your lawyer present. If you tell them you don't want to talk to them, or that you might want to talk to a lawyer, or that you should talk to a lawyer, that doesn't assert your right to have a lawyer present. You have to be clear and firm that you don't want to talk to them unless you have your lawyer present. It is up to the District Attorney about whether to charge you or not, not the officer. The officer can't make that promise to you because it isn't the officer's decision to make.

Good luck,