Your cell phone rings, and “UNKNOWN NUMBER” pops up. You silence the call and write it off as spam. Then your voicemail notification buzzes. Who leaves voicemails these days? The cops, that’s who.
If you find yourself in this situation, the police are investigating what may or may not be a crime, and have reason to believe you are involved, you know something, or, worst-case scenario, you are the culprit.
So, do you talk to them? Surely it will help to explain yourself, and you’ll only look guilty if you don’t, right? WRONG. While the impulse to talk is one of the most common in human nature, it is not a good idea in this scenario. Even if you are factually, completely innocent, there is still great risk in voluntarily agreeing to speak to the police without a lawyer.
Why? Because by the time the police are contacting you, they already know what they are looking to prove, often against you. Even if the officer on the message sounds really nice and says that they just want to help you, they don’t. This isn’t because cops are bad or corrupt; it’s because they have a job to do. That job is to find evidence to prove a crime that someone has reported, and they want you to help them do it.
You do not have to help the police. You have rights. They will likely try very hard to get you to meet with them or come to the station for an interview (interrogation). They might tell you that if you refuse, you will be issued a citation or arrested. They may lead you to believe you can prevent that by agreeing to an interview. You can’t.
What you can and should do:
1. Return the call or text. Don’t ignore it.
2. When you make contact, resist the urge to immediately answer any questions.
3. Instead, politely ask what the call is regarding. Try to get as much information as you can.
4. State that you want to be cooperative, but that you would like to speak to an attorney, first. Do not commit to a meeting or interview.
5. Obtain the officer’s contact information and let them know that you will call back when you have spoken to a lawyer.
6. Call a lawyer right away. Time is of the essence, especially if a citation or arrest is pending.
7. If you are arrested before your attorney can step in, do not answer any questions. Again, politely invoke your right to talk to a lawyer.
There are instances in which talking to the cops can benefit you. However, you need a lawyer present to ensure you get that benefit and that you don’t say anything that could incriminate you, even accidentally. When a cop calls to talk to you, they always have the upper hand and know more than you do. Always contact an attorney to help you navigate this stressful situation.
If all our clients took this advice, we'd be out of business.
