do we have to call back police

[lav2003]

What is the name of your state? ca.

if the police think you might be a suspect, and call your house and leave a message to call them back, do you have to return the call? must you answer their questions? Do you need to give a statement? Do you have to go in if they ask?

 

[coosi]

Eventually, yes

The cure for fear is action...

 

[lav2003]

isn't it harrassment?

 

[coosi]

HARASSMENT
Pronunciation: hur'asmunt

WordNet Dictionary

Definition:

[n] tormenting by continued persistent attacks and criticism

[n] a feeling of intense annoyance caused by being tormented; "so great was his harassment that he wanted to destroy his tormentors"

Is it?

 

[Jeter]

Refusing to answer a police officer's questions is not a crime. Of course, people often voluntarily assist the police by supplying information that might help the police make an arrest. But the Fifth Amendment to the U.S. Constitution guarantees the "right of silence." A police officer generally cannot arrest a person simply for failure to respond to questions.


This situation sounds like it may be a case that involves events that may result in criminal charges against the person being questioned (you). The almost universal advice of defense attorneys is to keep the old mouth tightly shut. Suspects all too frequently unwittingly reveal information that can later be used as evidence of their guilt. The right to not incriminate oneself (also guaranteed by the Fifth Amendment) is especially powerful in this situation. If you are a potential suspect, you should call back but politely decline to answer questions until you consult an attorney.

The gamble you take by ignoring them is that they get enough evidence for probable cause and arrest you

 

[lav2003]

they are definitely an annoyance. previous sort of employer is saying that i charged phone calls on phone that was issued to me. i returned phone, but failed to erase programmed numbers. they claim that i have phone and am using it. went to police station yesterday and wrote a statement saying that i didn't have phone. now they are calling to speak with my son. appreciate all the replies. don't know what to do.

 

[Jeter]

Ok, let me make it a little easier by revising my last post:

You should call back but politely decline to answer questions until you consult an attorney.

I'll even revise it again for you:


CONSULT AN ATTORNEY

 

[lav2003]

thanks. can't afford one. does legal aid give assistance on these sort of cases?

 

[coosi]

See if there's anything useful here...

http://www.courtinfo.ca.gov/reference/guide-legalresources.htm

 

[Jeter]

You can also contact the bar association of your local county bar by calling directory assistance and ask if they can help you receive pro bono (without a fee) legal assistance. Only a few lawyers out there are in a position to do much pro bono work, but there may be someone out there for you.

Good luck

 

[lav2003]

thanks to you both.