Wahiawa, HI asked in Criminal Law for Hawaii

Q: I am being accused of theft

I am being accused of theft in the 4th degree by an ex employer. I got a call from a detective asking me to come down to the station and have an “interview” I asked what’s the process? He then stated he first has to read my my rights and then it’ll take about 15-20 minutes. Does this mean I was going to be arrested on spot? I told the officer I can not come in and he said well can we schedule a time I said yes. I then called him back and said I am going to remain silent and consult legal counsel.

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1 Lawyer Answer
Michael Fayard
Michael Fayard
  • Criminal Law Lawyer
  • Sarasota, FL
  • Licensed in Hawaii

A: If a detective is calling you to "talk" about a case, it usually means that detective is trying to build a case against you in order to make an arrest. In other words, the detective is only wanting to talk to you because s/he doesn't have enough evidence to get a warrant or to arrest you, yet. The key here is "yet".

I would recommend that you retain counsel immediately and you do not provide a statement to law enforcement without counsel present or at all depending on the specific facts of your case. Additionally, I would not talk about the case with anyone else besides your lawyer (including anyone connected to your former employer). It's not uncommon for folks in this situation to place "control calls" to get you to make admissions regarding a crime to use against you later.

Mark Simonds agrees with this answer

1 user found this answer helpful

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