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Refuse to talk to police if not a suspect

The police are investigating a classmate of mine for a drug charge and they think I may know something about the charges. I do but I don't want to talk to the police. So a cop came to my house and asked to talk to me and my mom said no. She said we wouldn't talk to the police unless we had a lawyer with us. The cops said because I wasn't a suspect that I didn't need a lawyer and that I should talk to them. So my question is whether I can say no and absolutely not talk to the police even though they say I'm not a suspect? I actually don't know if I did anything wrong because I was with this friend of mine several times when he sold drugs but I didn't have anything to do with it. Thanks.

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A passenger in a car in which the driver is selling drugs can be charged also. The police are always making statements, such as what you write above, to get people to talk. Don't fall for it. You have a right to talk to counsel, take advantage of it. Based on what you write, the sooner you retain counsel, the better. I can be contacted at info@trottierlaw.com or 508-883-3200 if you would like a free consultation.
 
Attorney Trottier



I agree with Attorney Trottier.  In the situation you describe, your mother was correct, and you were well within your rights to politely decline to talk to the police. Given that you are not certain of your legal status with respect to the police investigation, it would be foolish for you discuss the matter without first talking to a lawyer.

Similarly, if the police had asked to enter your house, you could decline, unless they had a warrant.  Under Massachusetts law, pedestrians or those out in a public place are not even required to identify themselves to police. Those driving a vehicle that has been stopped by police are, however, are required to produce a license and registration.  Hope that helps.


Submitted Wed, 05/30/2012 - 16:39

Virtually every criminal lawyer who answers this question will tell you not to talk the police. It is good advise and you should follow it. DO NOT TALK TO THE POLICE IN THIS SITUATION. If you were with a friend several times when he sold drugs you could be in trouble with the law and you absolutely should remain silent and you should think about getting some new friends.You have the right to remain silent and you have the right to a lawyer and you should exercise both rights. A good criminal lawyer can talk to the police on your behalf and if necessary to the District Attorney as well. You never have to talk to the police - whether you are a suspect or not. As I like to tell clients in your situation you have the right to shut up and you should shut up. Say nothing to anyone, except a lawyer working for you. Attorney Robert Lewin, Malden/Andover, Tel. 781-322-2228.


My question is this. If a detective leaves a business card in your mailbox address to you,asking for you to give them a call that they have a issue concerning my car.now do i have to give them a call or should I just ignore the business card on the door and hope they don't come back?main question is what happens if i do record not to respond to the card left behind


Submitted Thu, 08/31/2017 - 15:04

You are never required to speak to the police. Period. Even if arrested you can invoke your "right to remain silent." You can either ignore the card or tell them you don't want to speak to them.

Atty. David Owens
Grolman LLP
617-859-8966
david@grolmanllp.com


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