Mesa, AZ asked in Criminal Law for Arizona

Q: If contacted by a detective about a stament I mabe do I need to talk to them

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2 Lawyer Answers
Brian C. Soto
Brian C. Soto
Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: No, you’re not required to speak to detectives or any law enforcement for that matter. You have the right to remain silent and the right to have an attorney present during questioning. You must however expressly invoke these rights. Meaning you must tell the detective that you wish to remain silent and not answer any questions.

Zachary Divelbiss agrees with this answer

Zachary Divelbiss
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Answered
  • Criminal Law Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: Brian, above, is correct that you do not have to talk to a detective. However, it sounds like you already talked to the detective and now they want you to talk to them again. I strongly caution you against talking to them in the first place. However, talking to them a second time really screams bad news. I see this happen often where someone talks the first time and the detective doesnt think they have probable cause to arrest so then they release you. Then, they talk to their supervisor or partner detectives and find out that they actually do have probable cause to arrest you. So, what they do is try and trick you into coming down to the police station to give a follow-up statement. If that happens and you show up, know that you are almost certainly going to be arrested whether you talk to them or not. They do it this way because it is safe and easy. They think your guard is down and that is when they arrest you and book you into jail, which conveniently is where you happen to already be. I strongly recommend that the only thing you tell the detectives is that you are hiring a lawyer and don't want to answer any questions until you have a lawyer. Then, actually hire a lawyer. Future First Criminal Law frequently represent clients in these investigation type cases where we can talk to the detectives on your behalf and help protect you from walking into traps that are set up to put you behind bars.

Feel free to reach out for a free consultation. www.futurefirst.law/contact/

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