Legal Question in Criminal Law in California

I live in the State of California. If a detective contacts me and I required to talk to them?


Asked on 12/29/09, 11:18 am

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Not just in California, but in the entire United States, you are not required to speak to a law enforcement officer... and most criminal defense attorneys will advise you not to talk to the cops.

Memorize this line, and practice saying it politely, but firmly: "Officer, I am exercising my right to remain silent, and I respectfully decline to speak to you without an attorney."

At some point in every police investigation, the focus changes from figuring out what happened to collecting evidence to convict a particular suspect. Police officers are trained interrogators and can legally lie to you to get information... but if you tell them anything that proves to be false, it can be used against you in court to show you were trying to cover something up.

One common police tactic is to invite a suspect down to the police station to talk about the case. The officer may be careful to tell you that you are not under arrest and that you can leave at any time, but could be secretly planning to arrest you as soon as the conversation is over. They do this to avoid advising you of your right to remain silent and your right to remain silent; if you were arrested first, they would have to advise you before questioning started.

Please understand that this is a general discussion of legal principles by a California lawyer and does not create an attorney/client relationship. It's impossible to give detailed, accurate advice based on a few sentences on a website (and you shouldn't provide too much specific information about your legal matter on a public forum like this site, anyway). You should always seek advice from an attorney licensed in your jurisdiction who can give you an informed opinion after reviewing all of the relevant information.

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Answered on 1/03/10, 11:31 am


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