What to do if a police investigator wants to interview you.

(If you have been contacted by a prosecuting attorney click here.)

Never submit to law-enforcement questioning without an attorney present.

Unless you are a victim or a witness, when a police officer asks to question you, it usually means he suspects you committed a crime and he is seeking a confession. Police officers like confessions because it makes their job easy. But, for several reasons it is generally not advisable to allow yourself to be interrogated by a law-enforcement officer about suspected criminal acts without having your lawyer present.

First, police interrogation is by its nature psychologically coercive. And, because the officer is looking to obtain a confession or other information to corroborate his suspicions and support his case, a person's answers and explanations will usually be considered "self-serving" and will be construed against them. That is why it is usually difficult for anyone to exonerate himself or herself from suspicion by submitting to police interrogation. This is particularly true if defense counsel is not present when the interrogation takes place.

Second, modern interrogation tactics, though designed to elicit  a true confession from a guilty suspect who denies he or she has committed a crime,  can have the effect of inducing a false confession from a person who is actually innocent. Juveniles, people with mental health problems and individuals who are intoxicated or on drugs or medication are particularly susceptible to the psychological pressures of police interrogation.

Third, modern police interrogation tactics can and often do include intentional trickery such as lying a suspect and telling them that they have strong evidence of their guilt, such as fingerprints, DNA, surveillance video or statements from eyewitnesses when in fact, no such evidence exists .Likewise they may strongly suggest element of the crime known to the person being interviewed, or make implied promises of leniency if the person confesses guilt or threats of harsh sentences if  he or she does not.

Sadly all of these things are both legal and constitutional. That is why you should never allow yourself to be interviewed by a police officer without an attorney present. You have a constitutional right against self-incrimination. That means you do not have to answer a police officer's questions if the answer might tend to incriminate you (even if the answer itself is not incriminating). In plain language you don't have to let the police interrogate you, and you have a right to have a lawyer present if they do. You should not waive either of these rights, often called Miranda rights, without serious consideration of the consequences and without first discussing it with an attorney.

Here is what you should do.
In any criminal case, it is critically important to get defense counsel involved as early as possible. The earlier a lawyer is involved the greater the chances of a favorable outcome. And it may help avoid prosecution entirely.

1. Don't Panic.
Find out what the officer wants to question you about. Ask why the officer wants to talk to you. If you have been a victim or witness to a crime then you probably know why the officer wants to talk to you and you may want to talk to the officer. If you do not know, then ask.

2. Don't be intimidated by threats of immediate arrest if you refuse to talk to the officer.
Ask the officer to give you some time to consult with legal counsel. You can always choose to talk to the officer at a latter time once you have consulted with a lawyer. And, you can have the lawyer with you. Simply explain that you will cooperate if you are able, that you need to know what the interview would be about and that you would like to talk to attorney about coming in for the interrogation.

3. Talk to a Lawyer Immediately.
Contact our office. Explain the situation and request an immediate appointment. We will discuss whether you should to talk to the officer. If so, I will be with you during the interview. If we decide not to talk to the officer I will contact him or her and decline the interview. I will try to determine if arrest is eminent. If so, I will try to coordinate arrangements to safely surrender you and assist in having reasonable bail promptly set.

4. Call our office for a consultation at (318) 227-1460. Click here for directions to our office.