Talking to the Police
Do the police want to talk to you? Wonder if talking to the police without an attorney is wise? Watch this video to learn the right action.
Question: Should I talk to the police if I’m a subject of a criminal investigation?
In Texas, if a police officer or detective calls you and says, “I would like you to come down and give your side of the story to an incident,” I would suggest you immediately call a criminal defense lawyer that’s handled those types of cases or handled that situation before. Normally, what I instruct my client to do is have me call the officer and say, “He’s not going to come down and meet with you. That’s my advice.” You’re acting on the advice of a lawyer; do not refuse to go down.
I would suggest that you tell the officer you’re going to talk to a lawyer first because there is some risk in going down and talking with the police officer. In 25 years, I’ve probably gone down two or three times with a client, and met with police officers, and met with the detectives, and ultimately those cases were dismissed. However, it’s very risky to go down, especially without a lawyer, because normally when you walk in the room, the detective will tell you you’re free to leave, you’re not under arrest, you’re there voluntarily, and that puts you at ease. But if you’re not under arrest, and you’re free to leave, then he doesn’t have to read you your Miranda rights – he doesn’t have to describe the risk you’re taking – and so people very often think they can go in and talk freely which is very risky.
Very often, you can say things that are very innocent, things you would think wouldn’t be able to be used against you, but the fact is the officer may find a way to use that incident against you. If you find out the date of an alleged incident, you may end up having a defense to it. You may be able to have an alibi, you may have been out-of-state, but when you meet with the officer, you don’t probably know the exact date; you don’t know the allegation. Very often, they’ll get you to commit to something. Were you drinking? Is it possible you were intoxicated? All those questions could come back and hurt you. It’s best to talk to a lawyer first, and make an informed decision about whether you want to go down and meet with the police officer.
Were you or a loved one accused of a crime and have questions about talking to the police? Contact a San Antonio criminal attorney at Rush & Gransee today for a consultation on your case and all of your potential defenses. Let our experience work for you.
Successful Case Defending DWI
Omar M. – The defendant was charged with DWI-Open Container. The officer stopped the defendant for running a red light. According to the officer the defendant’s speech was slurred, he had a strong smell of alcohol on his breath and he had an alcoholic drink in the car with him. The defendant refused to cooperate with the police. The case was dismissed after setting for trial because the Prosecutor did not believe they could win.