Rights when questioned by a detective?? HELP....

[Spark]

I received a phone call yesterday from a detective requesting an opportunity to 'interview' me. He said he preferred for me to go down to the station, which is 45 miles away from my home town. When I asked what this was about, he said it was regarding a harassment complaint but wouldn't give me any other information over the phone. I have some idea who it is and what it is about, but I am not certain. I know that if I try to get out of going, I will appear guilty.

My question is, what are my rights when I'm being questioned? Do I have to answer? I have no idea what to expect. I don't think I am being formally charged with anything, because I honestly haven't done anything illegal!

Any help will be apprecaited.

 

[hannah jo]

If you are the person being accused of harassment, a charge which could possily result in criminal charges, you do not have to answer questions to the police officer if anything you say may implicate in a criminal act or be used against you if charged. If you refuse to talk with the detective, he will either have to let you go or charge you - at which point you can refuse to speak and ask for an attorney.


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Please note that these comments do not constitute legal advice. It is always recommended that you consult with a local attorney, who can explore all the facts and issues of your specific situation and then advise you of any legal rights and remedies you may have under the current laws of your jurisdiction.

 

[HLS]

Do NOT answer any questions. Do NOT explain anything to him! Simply tell him you are not answering ANY of his questions without an attorney. Your RIGHT to remain silent cannot be used against you if this would go to court. NEVER, NEVER answer questions when requested by law enforcement because it CAN and WILL be used agaist you in a court of law. Really think about yur miranda rights word per word. Even if you explain your story to them and it is the truth that you didn't do anything wrong, they will twist it around using words like "concealing the truth" "denial" etc. PLEASE LISTEN TO ME, Do NOT answer any of his questions!!!!!! YOU HAVE THE RIGHT TO REMAIN SILENT!!!!!! TALK TO AN ATTORNEY ASAP.

 

[Spark]

Thanks to both of you for your reply.... I have to go to the station after work today. My boyfriend is going with me. Wish me Luck! This is just some petty bull**** someone is trying to start with me.

 

[Tracey]

Excuse me, you do NOT have to go to the station today. You were asked to come in, not arrested and taken in. Also, unless he's an attorney, you shouldn't take your boyfriend. Phone the detective & tell him you need to reschedule the interview for a time when your attorney can be present. You might think this is petty BS, but the detective thinks it's a potential crime. His job is to put you in jail. Don't help him, for the love of Mike! Take a lawyer. Say nothing without a lawyer's approval. Period.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws. [email protected] - please include some facts so I know who you are!

 

[Spark]

"Have to go" was a poor choice of words. I agreed to go talk to the detective to find out what is going on. My boyfriend is going with me because he is involved as well. The person who made the complaint is terrified of my boyfriend, so he would never name him specifically.

I just want to find out what this is all about and get it over with. I have no idea what the complaint regards, there are several posibilities. I don't plan on saying much of anything, denying or admitting to anything either.

 

[tghlk]

If you go to talk to the detective, just watch out for what will happen, i've been there before. They will try to accuse you of something wrong even if you didnt do anything. Don't get flustered, stick to your story, and if they get nasty, just leave. I wish I had done that instead of letting them falsely accuse me of something I did not do.