How to Talk to a Detective

Interactions with law enforcement, particularly detectives, can be intimidating and fraught with potential legal pitfalls. Knowing how to handle these encounters can make a significant difference in protecting your rights and avoiding unnecessary self-incrimination. It is essential to approach any discussion with law enforcement with extreme caution.

Detectives will interview victims, witnesses, or suspects as part of their investigative process. Understanding which category you fall into is crucial. If you are truly a victim, it is important to share all relevant details about the incident. If you are a witness, you can speak openly and provide information to help the investigation. However, if you are a suspect and have any knowledge or connection to a crime it is essential to exercise caution and seek advice from an experienced criminal defense attorney before speaking with detectives. If you are not able to consult an attorney and you believe you are a suspect then say NOTHING.

Key Principles When Speaking to Detectives

• What is the Goal of the Detective -The primary goal of a detective during an interview is to uncover the truth by gathering evidence, clarifying the facts, and assessing the suspect's involvement in a crime. While securing a confession can be a significant outcome, the detective's broader focus includes evaluating the suspect's credibility, observing their demeanor and reactions, and identifying inconsistencies in their story. A confession is powerful evidence, but detectives must ensure it is voluntary and obtained within legal and ethical boundaries, such as respecting the suspect's rights (e.g., Miranda rights in the U.S.).
• You Are Not Required to Talk - The Fifth Amendment grants you the right to remain silent, and you are under no obligation to speak with a detective without legal counsel. If approached by law enforcement, it is often best to politely decline to answer questions until you’ve consulted with an attorney.
• They Catch You Offguard - Detectives often show up unannounced. In doing so, they ensure you are unprepared and distracted seeking to exploit your surprise to obtain information. They may show badges or credentials, appear polite and non-threatening, and request a few minutes of your time. It’s never a few minutes. These few minutes turn into one or two hours. Recognize this tactic and avoid providing any information without understanding their intentions.
• Ask Questions Instead of Answering - Detectives are skilled in collecting information. They focus on listening to your responses and gathering as much information as possible.Detectives typically withhold information. To effectively counter a detective, one should seek out information with the following questions:
  • "Am I under investigation?"
  • "Am I a suspect in a crime?"
  • “Am I a target?”
  • "What is your purpose in speaking with me?"
  • "Do you have a warrant or subpoena?

Make sure you get answers to these questions.These answers can provide valuable insight into their intentions without requiring you to share potentially incriminating information.

• Never Lie to the Detective - It is in your best interest to tell the truth as lying to the detective can have serious legal consequence down the road. If you can't tell the truth the best course of action is to say nothing andexercise your right to remain silent.
• Detectives are Allowed to Lie - Sometimes a detective will lie to the person being interviewed in order to get them to confess:
  • “We got your DNA at the crime scene, so why don’t you just come clean and tell us what happened?”; or “Your girlfriend already ratted you out. She just completed an extensive interview with the police. We don’t need your side of the story. She told us everything, including that you were the trigger man. It doesn’t look good for you. You might as well confess and maybe the prosecutor will cut you some slack.”

• Do Not Volunteer Information - Detectives are skilled at eliciting information through seemingly casual conversations. Anything you say can and will be used against you. Even innocent statements may be misinterpreted or taken out of context. Limit your responses to basic identifying information, such as your name, and avoid discussing anything further without legal representation. If you tell a detective that you want a lawyer, then all questions should cease at that moment.
• Be Wary of Attempts to Build Rapport - Detectives may use friendly behavior to gain your trust and encourage you to speak. Remember, their primary goal is to gather evidence, not to help you. Do not mistake friendliness for a lack of legal consequences. Detectives will convince you that it is in your best interest to talk.
• Do not Provide any Evidence to the Detective - Avoid giving the detective any documentary evidence or signing any statements. This includes items such as photos, text messages, emails, bank statements, or canceled checks. Additionally, do not hand over your cellphone to the detective. The detective might not be pleased, but stand your ground.

Your Rights During the Interview

• Right to Silence -You have the right to remain silent and should exercise this right by saying, "I am invoking my right to remain silent, and I would like to speak to an attorney."
• Right to an Attorney-You have the right to legal representation before answering any questions. Once you request an attorney, detectives must cease questioning until your lawyer is present.
• Right to Decline Searches-If detectives ask to search your property, you can refuse unless they have a valid search warrant. Politely state, "I do not consent to a search."

Common Mistakes to Avoid

• Engaging Without Legal Counsel - Never assume you can "clear things up" by speaking to detectives without a lawyer. This often results in unintended self-incrimination.
• Answering Without Full Context - Detectives may avoid providing clear answers to your questions about their investigation. Without knowing the full context, anything you say can be detrimental to your case.
• Failing to Document the Encounter - If you choose to speak with detectives, consider recording the conversation or having a witness present. This ensures your words cannot be misquoted later.
• Talking Excessively - When speaking with a detective, it’s important to keep your answers brief and to the point. Avoid giving unnecessary details or making any spontaneous confessions.

Why Legal Representation Matters

In most cases, it is advisable to refrain from speaking with detectives until you have consulted with an experienced criminal defense attorney. Even if you believe you have nothing to hide, a lawyer can guide you on the best course of action and ensure your rights are protected. An experienced criminal defense attorney is your best ally when dealing with law enforcement. They can communicate with detectives on your behalf, scrutinize the purpose of the investigation, and prevent you from making statements that could be used against you.

At Stephen G. Rodriguez & Partners, we understand the tactics detectives use to gather evidence and are committed to safeguarding your rights. If you’ve been approached by detectives, contact us immediately to ensure your case is handled correctly.

Contact us online or call us today at 213-481-6811 for a free consultation and expert legal advice tailored to your situation.