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Frequently Asked Questions

Should I talk to the police?

The short answer to this question is: no, you should not talk to the police.  When police officers are investigating a case, either before or after they make an arrest, they will usually try to take a statement from the person they are investigating or have just arrested.  The request may come in the form of asking you to "come down to the station to answer a few questions," or asking "to hear your side of the story."  If the police are investigating you or they have just arrested you, and they want to take a statement from you, it is not to help you.  It is to gather evidence against you to build a case against you for the prosecution.  In fact, police officers are actually allowed to lie to you about what evidence they have against you in order to get you to make a confession.  In a nutshell, police want a statement from you to see if you will provide a confession or make other incriminating statements that can be used against you in court.  

It can be an intimidating situation to have a detective or police officer call you on your personal phone or show up at your house or workplace, asking you to come in and speak with them.  It is understandable to believe you have no choice but to comply and speak with them.  The truth is, you have the right to refuse to speak to police.  In this situation, you should immediately contact an experienced criminal defense lawyer who can speak directly to the police on your behalf and assert all of your rights and protect your interests.

Similarly, immediately following an arrest, you may feel you must speak to the police and explain to them your side of the story.  However, once you are under arrest, there is nothing you can say that will cause the police to un-arrest you, and you run the risk of creating evidence in the form of your own statement that can be used against you in court.  Again, you have the right to refuse to speak to police.   

If you are under investigation by police or have questions about your rights in this situation, call Burkhardt Legal today to schedule a consultation.