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What to say to the police

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Sparky1326

New member
I'm getting arrested in the morning, I'm turning myself in. They have footage of me shoplifting in Walmart. My question is when I go in for the interview and they have read me my rights do I tell them that I want a lawyer and say nothing or do I answer their questions?
 


CdwJava

Senior Member
Conventional wisdom is to say nothing. None of us are in a position to know whether or not your statement can potentially help you or not. After you speak with an attorney, MAYBE he'll agree that a statement is in your best interest.

If you are guilty of the offense, then it's pretty much a guarantee that speaking to the police will NOT be a good idea.
 

Taxing Matters

Overtaxed Member
I'm getting arrested in the morning, I'm turning myself in. They have footage of me shoplifting in Walmart. My question is when I go in for the interview and they have read me my rights do I tell them that I want a lawyer and say nothing or do I answer their questions?
You can generally provide your name, address, phone number, and SSN. They'll ask you that for the booking. But when it comes to any interview, tell the officers only this: "I invoke my Fifth Amendement right to remain silent and will not answer any questions."

If you have an attorney you can call for this you might want to ask to be allowed to contact the attorney to have him/her present for the arraignment. Do not assume that an acquittal is a slam dunk for the state even with a video until you have an attorney review everything. There is always the chance that your attorney will find something that will work in your favor to help you get an acquittal or dismissal, or at least some better outcome than the retail theft conviction. Theft convictions can really hurt you when looking for work and can limit other opportunities, too.
 
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It is always better to say nothing than regret having said something at a later date.
To be honest a shoplifter will not be a high priority and your interview, which will be recorded, will be brief as the interviewer will quickly want you to confess and move on to other investigations.
 

FlyingRon

Senior Member
You didn't indicate your state. It might not even rise to the level of an interview. You may just end up fingerprinted, mugshotted, and lugged over to a magistrate and given an appearance order. But TM's advise holds true if they want anything more than that.
 

Zigner

Senior Member, Non-Attorney
Here in CA, the OP would likely only receive a citation and be sent on his/her way.
 

quincy

Senior Member
Here is a good video to watch before going to the police department (if you haven't gone there already):


The prosecutor has to support any charge against you. Don't help him do this. Speak to an attorney and let the attorney speak for you when questioned by the police.
 

FlyingRon

Senior Member
Here, if he surrendered in a timely fashion, he'd be printed/photo'd and marched around the building to the magistrate who'd give him likely an unsecured bond (we don't do promise/ror here though it's technically available) and an appearance date (which he needs to watch as it likely will change).
 

CdwJava

Senior Member
Not just California. I think it is true in many states. I know it is in Michigan.
We're taking legalizing crime to all new levels out here. The first of a pending parade of convicted killers was just let go since the legislature and the governor have now decided that the felony murder rule doesn't apply. But, God forbid you use a straw!
 

xylene

Senior Member
No one is in jail for straws.

Raise taxes and build more prisons then. That'll fix the state.
 

CdwJava

Senior Member
No one is in jail for straws.

Raise taxes and build more prisons then. That'll fix the state.
Misdemeanor in some cities does have jail time as a potential. And we don't have to build more prisons, we just have to put the people in them. Property crimes are on the rise because no one goes to jail or stays, drugs are rampant, and even violent offenders serve minimal time because we have transferred the state's violent felons to the county jails where we USED to put the lesser offenders. I suppose that's good since there will be no room for the straw offenders.
 

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