why do investigators want to talk to your attorney

Should I talk to a lawyer?

No, you should not. I spoke about this in a previous post about invoking your right to talk to a lawyer. But I still get a lot of questions about this, so I’d like to expand. There are three important things you probably already know, but you need to remember in this situation.

Why hire a criminal defense lawyer or investigator?

Lastly, a criminal defense lawyer or investigator is likely to ask the most relevant questions and get the most helpful information. As with all criminal law issues, it's best to rely on a good defense attorney's judgment. The defense has limited options for trying to interview uncooperative prosecution witnesses before trial.

What to do if a Detective wants to talk to you?

Alternatively, the detective or police officer may tell you that you are not a suspect, and that he just wants to talk. You make ask the detective or law enforcement officer if you should speak to a lawyer or bring a lawyer with you.

Can a defense attorney convince a witness to talk?

(A defense attorney might be capable of persuading a hesitant witness to talk, but will typically prefer to have someone else try, or at least be present during the conversation—that way the lawyer doesn't have to testify if the witness says something new or inconsistent at trial.)

Why would a investigator want to talk to me?

Detectives will typically ask to speak to you for one of two reasons: either they believe you witnessed a crime or you're a suspect in a crime they are investigating. I am going to briefly discuss the second scenario. By the time a detective contacts you there's a pretty good chance you're the prime suspect.

What happens if you don't talk to investigator?

A Detective Can Issue a Warrant if You Will Not Talk to Them (or if you do talk to them). Detectives only need probable cause that a crime occurred to issue a warrant to arrest or take you into custody immediately. Probable cause is not enough evidence to prove a case once it enters the courts though.

Does having a lawyer make you look guilty?

Hiring a lawyer does not make you look guilty; it makes you look serious about your innocence, reputation, and future. You cannot be arrested or convicted for looking guilty. You can be charged and convicted if there is sufficient evidence against you.

Do you have to respond to an investigator?

No. You have no obligation to cooperate with an investigator. You should however find out why he wants to speak with you.

What happens if you say nothing in an interrogation?

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. It is a good idea to talk to a lawyer before agreeing to answer questions.

Can you refuse to go in for questioning?

General Rule: You Do Not Have to Answer the Police's Questions. The police can ask you questions, whether you are on the street, in a park or elsewhere. But you do not have to answer them. The police might want to talk or meet with you if you saw something happen or have information about a crime.

Does asking for a lawyer incriminate you?

Asking for a lawyer is the smartest decision you can make when you find yourself in this situation. By no means is it an admission of guilt and any law-abiding law enforcement office must respect your desire to exercise your constitutional rights. Surrendering those rights is the worst mistake you can make.

Should you always ask for an attorney?

If you spontaneously or voluntarily speak without being questioned, your words can be used against you. Not only is it good to ask for an attorney, but you should also stop speaking until you have a chance to consult with an attorney on your case.

How long can a work investigation last?

This depends on how complicated the situation is, it could be anything from one day to several weeks. The person handling your investigation is responsible for giving you a reasonable timescale and notifying you of any necessary extensions, as well as noting them in the written report.

How do you answer an investigation question?

Your task is to only answer specific questions asked by the investigator. You should not be sitting and telling the investigator long stories, but only answer specific questions asked. Once you answer the question asked, stop talking and wait for the next question. This will make the process much easier and quicker.

What is a flawed investigation?

“Flawed” investigation means claim for unfair and wrongful dismissal upheld.

What do detectives say to the person who is calling you?

The detectives will tell the person who is calling you to make promises such as “We can get back together if you just tell me the truth” or “I need to hear the truth; so the victim can get closure and move on”. Police will use people close to you to get the information they want.

What to do if you are contacted by a detective?

If you’re contacted by a detective, you should talk to an attorney right away. Your attorney will be able to talk to law enforcement on your behalf and may be able to mitigate circumstances before charges are even brought to light. It is always in your best interest to seek legal counsel before it is too late.

What to do if a detective leaves a voicemail?

If someone has something important to say, they’ll leave a message. If a detective leaves you a voicemail, you can easily forward it to your attorney so you don’t put yourself into harm’s way unintentionally.

Can a detective contact you in Colorado?

Email. In the state of Colorado, detectives can contact you if you’re suspected of a crime, or if you might be a witness to a crime that you didn’t necessarily take part in. Seeing officers come to your door can be a scary thing. Getting a call from a detective is even worse. Read this Blog and it may be the difference between getting arrested ...

Do you need an attorney if a detective contacts you?

Why You Need a Colorado Attorney if a Detective Contacts You. In Colorado, you have the right to have legal representation if a detective contacts you. Never answer a number you don’t know, and if someone shows up at your door, tell them you need to reach out to your attorney to speak with them on your behalf.

Can police tell you what they think you did 100 times?

They can tell you whatever they think will get you to confess to a crime. Even if you say you didn’t do something 100 times, they will continue to ask you questions and try and get you to slip up.

Can a detective talk to you?

Talking to a Detective Over the Phone. Detectives might also have a spouse or someone in your inner circle call you. That person might attempt to keep you talking, in hopes that you will reveal information that can, in turn, be used against you. The police will also have that conversation recorded.

How to interview witnesses?

The defense can gain significant benefits from trying to interview prosecution witnesses rather than relying on their statements. These include the ability to: 1 gauge witnesses' demeanor and credibility 2 ferret out details of witnesses' stories and strategize as to how to handle their testimony at trial 3 impeach witnesses who say something on the stand that's inconsistent with what they told the defense 4 establish a foundation for arguing witnesses who refuse to speak to the defense are biased against the defendant, and 5 find leads for new evidence and people to interview.

How does the defense benefit from interviewing witnesses?

The defense can gain significant benefits from trying to interview prosecution witnesses rather than relying on their statements . These include the ability to: gauge witnesses' demeanor and credibility. ferret out details of witnesses' stories and strategize as to how to handle their testimony at trial.

What happens if a witness tells a different story at trial?

And if the witness tells a different story at trial, the defendant might be forced to testify to controvert it. (The testimony might open the defendant up to difficult questioning and the jury might be inclined to believe the non-defendant witness in a battle of words.)

What is the duty of a defense attorney?

In addition to using court discovery procedures to obtain evidence from the prosecution, defense attorneys have a duty to investigate their clients' cases. Effective lawyers will gather evidence of their own in preparation for trial—and even to see whether the client has a reasonable chance of winning at trial.

What to do if you are facing criminal charges?

If you're facing criminal charges, consult an experienced criminal defense lawyer. Only such a lawyer can protect your rights and effectively investigate your case. An attorney will also be able to tell you what you should—and shouldn't—do to help.

Is it worth interviewing a witness?

Some defendants might wonder whether it's worth it to interview a witness who has already given a statement that the prosecution has disclosed. But prosecutors and police officers sometimes omit or misstate information (either intentionally or not). Further, when law enforcement and prosecutors speak to witnesses, they aren't likely to ask all the questions the answers to which the defense would like to know. And there might not be a record of all conversations witnesses have had with the other side.

Can a defense lawyer interview a reluctant witness?

The defense lawyer might hire a private investigator who specializes in finding and interviewing reluctant witnesses. (A defense attorney might be capable of persuading a hesitant witness to talk, but will typically prefer to have someone else try, or at least be present during the conversation—that way the lawyer doesn't have to testify if the witness says something new or inconsistent at trial.)

Why do private investigators call you?

The reason a Private Investigator is calling you is anyone’s guess. Maybe you were a witness to an accident, maybe someone named you as someone with information related to a case they are working on. Perhaps you know someone they are looking for. Maybe someone listed you as a character reference.

Why do insurance companies require face to face contact?

Your insurance carrier requires a face-to-face contact. This is done to update claims, obtain signatures, etc . Not so innocent: Your DNA showed up in connection with a crime. Some stole your identity and they don’t know it wasn’t actually you and something unethical was done by the other person.

What happens if you are not arrested and are being interviewed?

If you have not been arrested and are just being interviewed, the police are under no obligation to remind you that you have the right to remain silent, or that you have the right to an attorney.

What is the trouble with trying to help the police?

The trouble here is that, in the process of trying to help the police, you may be putting yourself into a situation that gives the police evidence against you. There are too many unknown factors for you.

Can you be charged with a crime if you refuse to talk to the police?

The fact that you refused to talk to the police cannot be used against you. In talking to the police, you could unwittingly say something that gives them reason to think you are guilty, or gives them additional evidence that they can use to officially charge you with a crime.

Is ignorance of the law an excuse for breaking the law?

We’ve often heard it said, and it is true, that “ignorance of the law is no excuse” for breaking the law. If the police are asking to talk to you, there is a good possibility that they believe you have broken a law, and they may have evidence to support their belief.

Do you have to talk to the police?

You do not have to, nor should you ever, talk to the police if you are a suspect or a possible suspect in the commission of a crime. Below are some of the objections I hear clients make when I advise them not to talk to the police, followed by how I would likely answer those objections.

Why do police want to speak to you?

The only reason the police want to speak to you is because they don't have enough evidence yet to convict someone of a crime and they're hoping that by interrogating you, they will get you to confess. Call the local law school legal clinics or the public defender's office and see if you can find someone to represent you for free or at a low cost.

Do not speak to police?

Do NOT speak to the police, state you are going to remain silent until your have an attorney. Also , if you have any ability at all, hire your own counsel.

Should I speak to the police without an attorney?

If you are being accused of a crime, you should not speak to the police without an attorney present. The best advise I can give you is to find a way to hire an attorney, even if you have to borrow the money.

What happens when an attorney calls a detective?

When your attorney calls the detective and says he represents you, something magical happens by operation of law. Once you are represented by counsel, the detective is no longer allowed to question you. You don’t even have to refuse to speak-he can’t even ask you.

What happens if a detective asks to meet you?

Martin Kane: If you are contacted by a detective who asks to meet with you, it is extremely likely that you are being investigated or, more likely, they fully intend to arrest you when you show up. In the unlikely event they are contacting you as a witness, the detective will tell you what it’s all about and why he wants to speak with you.

Do they have enough evidence to make an arrest?

Sometimes, they don’t have enough evidence to make an arrest, but they hope you’ll make a statement that will solidify their case. In either situation, they certainly will encourage you to “give your side of the story.”.

What happens if a detective wants to arrest you?

If the detective wants to arrest you, then your attorney will schedule your surrender. If the detective wants to arrest you but does not have enough evidence to make an arrest, and your attorney speaks to him, you will not be arrested. If you go to the precinct, any statement you make WILL be used against you and you will be arrested.

What happens if you lie to the police after a trial?

Finally, if you are convicted after a trial and it is shown that you lied to the police by claiming you did not commit the charged crime, you could ultimately receive a harsher punishment from the judge.

What happens if you are innocent of a crime?

If you are innocent of the crime, the detective is investigating, and you deny your guilt while mostly telling the truth, you could easily unintentionally tell a small lie or make a small mistake that will be detrimental to your case. If you are an innocent person, questioning by a detective in a small room at a precinct can be a stressful situation where you are likely to be nervous and just blabber. Although this is human nature, it is important not to do it. Do not even put yourself in that situation.

How to surrender to a detective?

Write down the detective’s phone number, call your attorney and have your attorney speak to the detective. Alternatively, give the detective your attorney’s phone number and have him call your attorney. If the detective wants to arrest you, then your attorney will schedule your surrender.

Why do police call you to the precinct?

You may receive a call from a police officer or a detective one day asking you to come to the precinct because he wants to talk to you about a complaint that was made against you or a crime that was committed in the area, or something to that effect. He isn’t specific and doesn’t say whether or not he intends to arrest you. Alternatively, the detective or police officer may tell you that you are not a suspect, and that he just wants to talk.

Do you have to plead guilty to a detective?

It is always a possibility to eventually plead guilty, and perhaps receive a plea deal, if you actually are guilty. There is no need to plead your guilt to the detective immediately.

Can an attorney introduce an exculpatory statement?

Further, your attorney cannot introduce it as evidence because the statement would be considered hearsay. Your exculpatory statement cannot be used "for" you. What you tell the police is only admissible against you at a trial.

Advantages to Be Had

Reinventing The Wheel?

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Forcing The Issue

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• If you're facing criminal charges, consult an experienced criminal defense lawyer. Only such a lawyer can protect your rights and effectively investigate your case. An attorney will also be able to tell you what you should—and shouldn't—do to help. For example, your lawyer may ask you to provide all the information you can possibly think of regardi...

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