Kevin Kennedy Law Firm | Former Prosecutor | 615-205-7311. Call or text for a free consultation.
If a detective calls and wants to ask you questions about a criminal investigation, you do not have to decide on the spot whether to meet or give a statement. Before discussing the facts, you can tell the detective that you want to speak with a lawyer.
People often believe that talking immediately will clear everything up. Sometimes the detective already has other statements, recordings, digital evidence, or a theory of the case that you do not know about. A voluntary interview can create evidence that did not previously exist.
Do You Have to Answer a Detective’s Questions?
Generally, no. A person contacted for a voluntary interview ordinarily does not have to answer investigative questions simply because a detective asks.
You can be polite, obtain the detective’s name and contact information, and say that you want to consult a lawyer before discussing the case.
What If the Detective Says You Are Not a Suspect?
That statement should not be treated as a guarantee that you cannot become a suspect. Investigations develop, and the significance of a person’s role can change as police gather information.
A lawyer can contact the detective and determine what can be learned about the investigation before deciding whether any interview is in the client’s interest.
What If You Are Innocent?
Innocence does not eliminate the risk of an unplanned interview. A truthful person can still misunderstand a question, estimate a time incorrectly, forget a detail, or make a statement that conflicts with another piece of evidence.
The issue is not whether innocent people should hide. It is whether giving an uncounseled statement is strategically wise when the person does not know what evidence police already possess.
Can Police Lie During an Investigation?
Police are permitted in many circumstances to use deception during questioning. A detective may claim to have evidence, witnesses, video, or statements that the person has not seen.
That is another reason not to treat an interview as an ordinary conversation where both sides are necessarily sharing everything they know.
Should You Go to the Police Station to Explain Your Side?
Not without first considering the risks with counsel. A lawyer may conclude that an interview is helpful in a particular case, but that should be a strategic decision based on the facts.
In other cases, counsel may provide information through documents, identify exculpatory evidence, communicate a limited position, or advise the client not to give a statement.
Can a Lawyer Talk to the Detective for You?
Yes. Counsel can contact the detective, confirm the nature of the investigation, communicate that the client is represented, and determine whether police are requesting an interview, seeking evidence, or planning an arrest.
This can create a buffer between the client and investigators while the lawyer evaluates the situation.
What If the Detective Says You Need to Come In Today?
A request for a voluntary interview is different from a lawful arrest, warrant, subpoena, or court order. Do not assume that urgency created by the investigator requires an immediate uncounseled statement.
If police have legal authority compelling action, counsel can address that separately.
What If You Already Talked to the Detective?
Do not panic and do not try to fix the conversation by calling back repeatedly. Tell your lawyer exactly what was said, what questions were asked, and whether the interview was recorded.
Counsel can evaluate whether the statement was voluntary, whether Miranda or custody issues exist, and how the statement fits with the other evidence.
Can Your Statement Be Used Against You Later?
Yes. A voluntary statement can become evidence in a later prosecution. Even a statement that seems harmless can be used to establish knowledge, intent, location, ownership, relationships, or inconsistencies.
That is why it is usually better to understand the investigation before creating a recorded account that cannot later be taken back.
How Kevin Kennedy Can Help Before a Police Interview
Kevin Kennedy represents people under criminal investigation in Nashville and throughout Middle Tennessee. As a former prosecutor, he has conducted and evaluated criminal investigations from the prosecution side.
Kevin can communicate with the detective, assess what is known about the investigation, preserve favorable evidence, advise whether an interview is strategically appropriate, and begin defending the case before charges are filed.
Frequently Asked Questions
Can I tell the detective I want a lawyer?
Yes. You can decline to discuss the facts until you have consulted counsel.
Will asking for a lawyer make me look guilty?
Protecting yourself during a criminal investigation is not an admission of guilt.
Should I call the detective back just to find out what this is about?
You can have a lawyer make that contact instead, which may allow information to be gathered without immediately putting you into an investigative interview.
Can a detective arrest me if I refuse to answer questions?
Refusing a voluntary interview does not itself create probable cause for arrest. Police may still make an arrest if they independently have lawful grounds to do so.
Talk With a Nashville Criminal Defense Lawyer
If a detective has called, texted, or asked you to come in for an interview in Nashville or elsewhere in Middle Tennessee, Kevin Kennedy Law Firm can contact the investigator, evaluate the situation, and advise you before you make a statement.
This website is designed for general information only. It is not legal advice nor does it form a lawyer/client relationship.