Greenfield, IN asked in Criminal Law for Indiana

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...

Thank you,

GG

Related Topics:
1 Lawyer Answer
Joel D. Hand
Joel D. Hand
PREMIUM
Answered
  • Criminal Law Lawyer
  • Indianapolis, IN
  • Licensed in Indiana

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

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.