Q: Filed a police complaint tied to a criminal charge and now they want to interview me, should I go?
I was pulled over and subsequently arrested for pot possession. I filed a complaint against one of the officers for the way I was treated. Three and a half months later I finally get a call and an email from an officer claiming he needs to interview me for the complaint process.
Should I go to the interview?
Should I hire a lawyer to go with?
Can what I say still be used against me in court?
I really don’t want to go to the interview but if I have to do it to help prevent the behavior I endured then I’ll go...
A: If your criminal case is still pending, you should talk to your attorney on the criminal case about whether or not to participate in the interview by law enforcement regarding your complaint. If you are not yet represented by an attorney on the criminal case, you absolutely should hire an experienced criminal defense attorney who can give you advice and guidance on both matters. You may be well served to look for an attorney who has a depth of experience in not only criminal defense, but also as a prosecutor. You may want to ask attorneys that you consider hiring whether or not they have experience handling police internal affairs investigations. That experience could be critical for an attorney to provide you with accurate and helpful advice through the process.
No one should have to endure bad police behavior. The Constitution provides all of us with strong protections from abuses by the government and government actors (like police). But if we don't speak up when abuses occur, they will continue to occur. If you are not represented by another attorney and would like a free telephone consultation, feel free to call 317-964-6000. If you are already represented by another attorney, please contact your attorney to discuss this situation.
Andrew L. Bennett agrees with this answer
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