Legal Question in Criminal Law in California

do i have a legal right to not answer question or refuse to give information to a detective of a police agency over the telephone


Asked on 8/08/09, 4:14 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Yes - you have every right to refuse to answer questions, whether it be over the phone, in person, via e-mail or in any fashion.

In fact, you're better off not talking to the police 99% of the time. There are times when it may be advisable to talk to the police, but that's only AFTER a discussion with a criminal defense attorney who can advise you properly on all the facts and circumstances in your particular case.

I would suggest you decline to answer questions and get a lawyer - you're clearly under investigation and need help.

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Answered on 8/09/09, 2:18 am
Terry A. Nelson Nelson & Lawless

Yet again, I have to explain here what is evident on most TV cop shows, that you should exercise your 5th Amendment right to SHUT UP and seek counsel anytime you are contacted by police. Being 'helpful' will get you convicted. If you are serious about getting counsel, feel free to contact me.

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Answered on 8/09/09, 5:42 pm


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