If you are the suspect in an investigation, you are more than likely to be contacted by a detective to come and talk to them about the accusations against you. What do you do when a detective contacts you? Too many people think that if they have nothing to hide that they should go in and talk to this detective, clear the air, fix any kind of misunderstanding. This, however, can make the biggest difference in your case. By going in and willingly talking to the detectives you give them the opportunity to get something out of you that you didn’t mean to say or say something just because of the pressure of talking to the police.
It is recommended that you preserve your rights and say nothing to the police. If you are contacted by a detective over the phone or in person just tell them you want to preserve your 5th amendment right against self-incrimination, your 6th amendment right to an attorney and your 4th amendment right against unlawful search and seizure. By doing this, you protect yourself from admitting something you didn’t mean to admit. This also gives your defense team more room to defend you because they are not restricted by statements you made to the police. You are not stating that you are guilty by protecting your rights. By talking to detectives you only make their jobs easier and put yourself in jeopardy of being charged with a very serious crime.
What to Do if a Detective Calls You
If you are 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. By staying a step ahead of the game you ensure that you have the best legal defense options if your case does go to trial.
Often times when a detective calls someone and speaks to them over the phone regarding allegations, this conversation is recorded without your knowledge. Too often will people say things over the phone that they think won’t come back to haunt them. If you talk to a detective over the phone you can assume that it is being recorded.
Talking to a Detective Over the Phone
Another way detectives will try and contact you is to have a spouse or someone close to you call and that person will 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. This is called a pretextual phone call and it completely within the detectives right during an investigation. 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 and then I can forgive you”. Police will use people close to you in order to get the information they want. They can even go as far as to put a wire on someone you trust who is really acting as an agent of the police and trying to get you to make statements that could incriminate you. The best thing to do is not speak with anyone about the details of your case except your attorney.
Police are not restricted in any way to get information that they need. 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. They will even pretend they believe you and that they are on your side in order for you trust them. Police will use this trust to get whatever evidence they need to make their case. They are not here to help you; they want to
make their case as strong as possible that is the end goal for them.
Contact your attorney or our law office if you get a phone call from the police to come and talk about a pending matter. Do not tell the police anything. Allow your attorneys to preserve your rights, it could really make a difference in the end.
By Shannon Lynch