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Via Cold Case TV SHow Can You Legally Not Agree to Be Questioned by Police if You're

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HiFi

Member
What is the name of your state (only U.S. law)?

One thing that I've never understood on that awful CBS show Cold Case and I would appreciate if someone could clarify and reaffirm this is: If the Police want to question you about a Cold Case, say its 2 years old, can you just tell them screw you and they can't arrest you for not agreeing to be questioned? If that's so, can they subpoena you to be questioned? In other words if you're not arrested as a suspect, the police can't make you submit to their questioning, correct?

On Cold Case everyone including the eventual guilty party lets the police question them. Why if you're the guilty party would you cooperate, if in fact you can legally tell the police you're not going to speak to them? Would appreciate someone illuminating me on this. Thank You.
 


outonbail

Senior Member
On Cold Case everyone including the eventual guilty party lets the police question them. Why if you're the guilty party would you cooperate, if in fact you can legally tell the police you're not going to speak to them? Would appreciate someone illuminating me on this. Thank You.
The thing illuminating you is called a television. This is an electronic gadget used for entertainment purposes. (as well as brainwashing) Do not relate what you see on television to real life, even when watching a so-called "Reality Show". If these shows broadcast the actual happenings in any investigation, people would become bored and turn to another brain numbing channel.

However, guilty people do agree to speak to the police, investigators and detectives voluntarily all the time. Why? Well criminals are not the smartest bunch of folks you could meet, otherwise they wouldn't be criminals!

That's the short answer. The long answer would take too much time, research and reference to get into here.
 

HiFi

Member
Nothing Personal, Not Helpful at All Didn't Address Question, Quincy Help!

You didn't answer what I was asking. Specifically, if you are not under arrest, can you refuse to answer any questions the Police have of you in regarding a crime without them arresting you for this. If you refuse, can they then legally get the courts to force you to answer their questions?
 

outonbail

Senior Member
You didn't answer what I was asking. Specifically, if you are not under arrest, can you refuse to answer any questions the Police have of you in regarding a crime without them arresting you for this.
Sorry, I thought you understood that you do not have to answer questions the police ask you, whether you are under arrest or not. Whenever you agree to talk to the police, it is completely voluntary on your part. They may push you and insinuate that you will be arrested if you don't agree to answer their questions, but the fact is you do not have to provide them any answers if you choose not to talk to them.

If you refuse, can they then legally get the courts to force you to answer their questions?
I'm not sure what you are asking. In order to have the courts involved you would have to be arrested or subpoenaed to court as a witness. If you're a suspect or defendant in a criminal case, your lawyer can advise you not to take the stand if he/she thinks you will hurt yourself by doing so.
 

HiFi

Member
Outobail Thanks Your First Answer Makes Sense Now One thing about Subpoena

Thanks for clarifying this. Your first answer makes a lot of sense now. One other question for you. Can they get a Subpoena for anyone? Let's say, I worked for the "Murder Victim". I tell the police to get lost. Can they subpoena me to answer questions? If they do Subpoena me to answer their questions can I take the fifth?

THanks for your help.
 

The Occultist

Senior Member
If you are subpoenaed to take the stand, you are required to answer all questions (short of those infringing on your 5th amendment rights which have to do with SELF incrimination) or else you can face contempt charges.
 

HiFi

Member
I'm Still Confused About a Subpoena

Can they get a subpoena on anyone who doesn't want to answer their questions even if they don't have anything connecting them directly to the crime? IE, let's say my boss was murdered 4 years ago.1. If they come to me now for questioning and I refuse to allow them can they get a subpoena on me just for the fact he was my boss? 2. If so and I then avoke the 5th, they can't use that as basis to arrest me, right?
 

cyjeff

Senior Member
Can they get a subpoena on anyone who doesn't want to answer their questions even if they don't have anything connecting them directly to the crime? IE, let's say my boss was murdered 4 years ago.1. If they come to me now for questioning and I refuse to allow them can they get a subpoena on me just for the fact he was my boss? 2. If so and I then avoke the 5th, they can't use that as basis to arrest me, right?
This is why we don't answer hypothetical questions.

They end up being followed up by enough "why then"'s to make the eyes of a 7 year old roll back in their head.

During an investigation, anyone with information thought to be important to the case may be subpoenaed... however, once on the stand, a person may choose to "take the fifth" ... the fifth amendment right to NOT testify against YOURSELF. You do not have the right, except in a few very specific instances, to refuse to answer questions about someone else.

Lastly, there is no such word as "avoke". However, if you refuse to answer questions in your own defense in such a case, you are also refusing to provide a defensive effort against any evidence that the DA may have.
 

CdwJava

Senior Member
One thing that I've never understood on that awful CBS show Cold Case
Actually, I think it's a great show! Not because it is a cop show, but because of the characters and the lives it delves into.

and I would appreciate if someone could clarify and reaffirm this is: If the Police want to question you about a Cold Case, say its 2 years old, can you just tell them screw you and they can't arrest you for not agreeing to be questioned?
You do not have to agree to questioning. However, telling them to stuff it is a great way to paint crosshairs on your back for their investigation. A better way would be to politely decline to speak to them and then engage an attorney to represent you.

If that's so, can they subpoena you to be questioned? In other words if you're not arrested as a suspect, the police can't make you submit to their questioning, correct?
Assuming they have a court case, they can issue you a subpoena to compel your presence at court, yes. The court can also compel you to testify unless your testimony would incriminate you in a crime.

On Cold Case everyone including the eventual guilty party lets the police question them. Why if you're the guilty party would you cooperate, if in fact you can legally tell the police you're not going to speak to them?
The short answer is that even the guilty want to talk. Sometimes it is because they want to know what the police know ... other times it is because they want to seem innocent and assume only the guilty will not talk to the police. Most guilty people will talk to the police ... they also lie ... they also get tripped up in their lies, because lies are very difficult to keep straight.

- Carl
 

HiFi

Member
Here's What I'm Still Confused About CDW and Need Clarification

1. Is getting a subpoena automatic? IE, they want to ask someone about their boss who was murdered 4 years ago. If you say, I don't want to talk to you can they subpoena you to talk to them when they're basically grasping at straws?

2. If they do subpoena you, your saying you are not allowed to refusing answering questions about the boss if they do not pertain directly to you?

3. Let's say you answer the Fifth. Can the police use that as a basis to arrest you?

In short, are you best off not cooperating whatsoever.

One last question. If you move say 1000 miles away will that deter them from questioning you? Thanks
 

cyjeff

Senior Member
1. Is getting a subpoena automatic? IE, they want to ask someone about their boss who was murdered 4 years ago. If you say, I don't want to talk to you can they subpoena you to talk to them when they're basically grasping at straws?

2. If they do subpoena you, your saying you are not allowed to refusing answering questions about the boss if they do not pertain directly to you?

3. Let's say you answer the Fifth. Can the police use that as a basis to arrest you?

In short, are you best off not cooperating whatsoever.

One last question. If you move say 1000 miles away will that deter them from questioning you? Thanks
Okay, I am not answering another question based on a television show.

Either have a real question or stop posting, please.
 

CdwJava

Senior Member
1. Is getting a subpoena automatic? IE, they want to ask someone about their boss who was murdered 4 years ago. If you say, I don't want to talk to you can they subpoena you to talk to them when they're basically grasping at straws?
They can subpoena you to court to testify, not to come to the police department and talk with them.

2. If they do subpoena you, your saying you are not allowed to refusing answering questions about the boss if they do not pertain directly to you?
Unless your responses will incriminate you in a crime, the judge would likely direct you to answer or be held in contempt of court.

3. Let's say you answer the Fifth. Can the police use that as a basis to arrest you?
Of course not.

In short, are you best off not cooperating whatsoever.
It depends. If all the evidence points at you, and only you can provide some reasonable explanation for the evidence yet you fail to do so, then it could be detrimental.

Every case is different. Only an attorney familiar with the case could give you an answer that would fit the particular circumstances. And since you are talking about a TV show and hypotheticals, there is no "correct" response to your statement.

One last question. If you move say 1000 miles away will that deter them from questioning you? Thanks
In a murder? No. For shoplifting a CD? Probably.

- Carl
 

swrdmbo

Member
WOW...you sure have an awful lot of questions about a "TV show".

Are you thinking of moving a thousand miles away so the police will not come calling?? Looking over your shoulder much???
 

HiFi

Member
No I Was thinking about Blogging on this

I write a General Interest Blog that after 6 months, I'm getting about 1000 different readers a day but I won't write about stuff unless I know the correct basic facts. I've blogged about the misuse on the legal issues of Cold Case several times and the one thing I never understood other than they won't have a TV Show without it is, why would anyone bother to cooperate with the police in the first place other then they're stupid if they don't have to, if they had something to do with a crime in the past.
 

Ohiogal

Queen Bee
I write a General Interest Blog that after 6 months, I'm getting about 1000 different readers a day but I won't write about stuff unless I know the correct basic facts. I've blogged about the misuse on the legal issues of Cold Case several times and the one thing I never understood other than they won't have a TV Show without it is, why would anyone bother to cooperate with the police in the first place other then they're stupid if they don't have to, if they had something to do with a crime in the past.
Because many criminals are under the misconception that they are too "smart" to get caught and they see it as a game. That happens all the time.
 

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