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WHAT TO DO IF YOU’VE BEEN CONTACTED BY POLICE

Here are some common questions and answers that people have when they become involved in a police investigation.

What is the most common mistake people make when they have been contacted by the police?
In a rush to cooperate with police, people often say things that are incriminating. They may think they have nothing to hide, or they fear that if they don’t answer questions, they will appear to have something to hide. But the fact is, if you’re a suspect, you’re a suspect whether you talk or not.

Do you have to talk to the police?
The Fifth Amendment gives you the right to remain silent. That means you don't have to talk to the police.

It's a good idea to talk to a lawyer even if you think you are just being contacted as a witness. By placing yourself at the scene of a crime, you may be unwittingly incriminating yourself by giving evidence that can be later used against you.

95% of the time, if you are the subject of an investigation there is nothing that you can tell the police that will help you. Never make any statements to the police, even a denial, without your lawyer being present. If you do talk to the police, you will need an experienced lawyer.

If you have been contacted by the police, what should you do?
When you are contacted ...
  • Don’t answer any questions, even if the police tell that you do not need a lawyer
  • Get the name and number of the person who wishes to speak to you and tell them that you will call them back
  • Contact a lawyer and follow their advice. If you hire the lawyer, they will contact the police for you
Are there ever any circumstances under which you should talk to the police?
The circumstances of every case are different. Some lawyers will tell you that you should never to talk to the police, but that is not necessarily the best advice in every case. An experienced and thoughtful lawyer can help determine when it is in your best interest to speak to the police, and when it is in your best interest to retain your right to remain silent.

Should you talk to the press?
You may think you want to expose some injustice by talking to the press, but the reporter isn’t necessarily going to take your side of the story. The lawyer you hire is 100% on your side. What you say to the press could end up hurting you. Always discuss any decision to talk to the press with your lawyer first.

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