The detective called my cellphone, asking the same questions over and over again (when am I free, can I come in the same day, and he could not give me any information about what the case is about).
I had just been fired from my job ("at will") and my boss did not give me any explanation whatsoever as to why I was let go; a week later, I’m being called by the detective. There were some fraud issues happening at work, and I believe it’s in regards to that, but I’m not sure.
Also, the detective is very persistent about me coming in, and, as mentioned, he was trying to make me come to the station the same day – even on a Sunday. Should I go with an attorney? Is there a free consultation? And is there anything I need to do or should do before the interview? Thank you.
If you believe there may be a situation where you may be implicated in a crime, whether or not you did anything wrong, you are correct in assuming you may need an attorney. You can certainly go to the police station and find out what you are there for. You can refuse to speak and leave the station at ANY time.
If the detective tells you that you are not free to leave, then he MUST permit you to contact an attorney, and you can refuse to make ANY statements from that point, even if he has not read your rights to you. If you cannot afford an attorney, and if he somehow puts you under arrest, you can refuse to speak with anyone until the court appoints you an attorney or you are told you don't qualify, and then you hire your own.
Be careful going to the police station. Anything you say prior to being detained can be used against you later, since, until you are detained, it is assumed that you are free to leave at any time, so your rights at that point are 1) leave, 2) refuse to talk, and 3) cooperate only to the extent that you KNOW it is not about you, so that you are not providing evidence to use against you.
Good luck.
Do not go to the police station without first consulting with a criminal defense attorney (they often provide a free first visit). If, after the consultation, you feel that you understand your rights and will be able to exercise them under police pressure, then talk to the police with caution – and keep the attorney’s card in your pocket.
Stephen P. KellyCriminal Defense AttorneyWorcester, MA ·
I concur with Attorney Leary. Given the facts you disclose, I'd assume you are the subject of the investigation until clearly told otherwise. It would be very wise to have counsel present if or when you speak to the detective.
Do not talk to the police under any circumstances without a lawyer present. The police will not believe you; the police are only looking to gather evidence to use against you. You cannot talk your way out of it, and "telling your side of the story" will only get you into more trouble.
Going in to talk to the police puts you into a position where the police can exert enormous pressure on you to make a self-incriminating statement, or even fabricate a lie saying that you admitted to something you did not admit to. Hire an attorney, and the next time the police call you, tell them to stop calling you and to contact your lawyer instead. Your refusal to talk to the police cannot be used against you at trial.
Best of luck.
I advise you not to answer any questions without a lawyer present. In fact, you should first consult with a lawyer. If you are comfortable enough to retain him or her, your lawyer should contact the detective first to "size up” the situation, along with your potential jeopardy/exposure.
A weekend call from a detective, with a request for a same-day interview, is unusual. In my experience, it is indicative either that the related investigation has heated up and/or that the recipient of the request for an interview is already a target.
Fraud is a broad concept and innocent acts can easily be twisted into evidence of intent or consciousness of guilt.
My experience with fraud (and most criminal) cases is that clients much more easily talk themselves into target/defendant status than out of it. You should hire an experienced attorney to run interference for you.
Most criminal defense attorneys offer a free consultation. Make some phone calls to schedule a consultation with a criminal defense attorney. If you go in, you should go in with an attorney.
The fact that the detective is very persistent is cause for concern. The police may not have enough evidence, but if you make an incriminating statement, they may have a solid case for prosecution. I've seen this scenario too many times where somebody goes to the police, make an incriminating statement, and gets arrested. Police will try to ask questions a certain way that can be confusing sometimes.
Asserting one's Fifth Amendment right to remain silent and demanding an attorney be present during any questioning or interrogation is very important.
Do not go into the police station without consulting an attorney. Anything you say at the police station may be used against you in court if you are, in fact, charged. Your refusal to talk to the police is not an admission of guilt and cannot be used against you.
It seems obvious that they believe you are involved in whatever fraudulent activity is alleged to have been occurring at your former employers. I would certainly retain an attorney to join you to flesh out whatever it is they are looking for and, more importantly, make sure that you do not implicate or incriminate yourself in any way.
If the detective calls you again, tell him/her you need to talk with a lawyer first.
Look at the link below on talking with the police. Watch the videos.
