Police want "to talk" to you...

by Michael J. Redenburg on Jul. 08, 2010


Summary: If you are under investigation by the police; or if a detective is looking to question you or "get your side of the story," you should immediately contact an experienced NY criminal defense lawyer to represent you.

If you are contacted by the police concerning an alleged criminal incident or investigation, you should immediately contact a qualified criminal defense lawyer. The police are not required to "read you your Miranda rights," otherwise known as "Miranda warnings" until you are in police custody. Therefore, if you head down to the police precinct on your own volition, after being asked to do so by the police, the police are not required to immediately read you your Miranda rights. You went down there on your own; and anything you say, and any statements you write, can and most likely WILL be used against you.

I recently represented a young man in the Bronx who was being sought for questioning by NY Bronx County detectives. The detectives had left a "card" with others at his last known address in the Bronx. I accompanied the young man to the police precinct, and surrendered him to detectives. Although the detective tried to question him about an alleged incident, I did not allow the detective to pusue such lines of questioning. They arrested him.

Later that day, he was released, and the Bronx County District Attorney's Office declined to prosecute. The reason for this, I believe, is this: detectives probably did not have quite enough evidence concerning my client, but they likely hoped that he would contact them on his own, without an attorney, and incriminate himself, thereby giving them "enough evidence" to prosecute the case. Without any such statements and admissions by him, they did not have enough evidence.

This is why it is so important to IMMEDIATELY retain a criminal defense lawyer as soon as you learn that you are wanted for questioning by the police.

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