Criminal Defense Q&A: I Told the Detective to Talk to My Lawyer and Then He Called Me Back—What Do I Do?

Question:

How can a detective call me back after I told him to call my lawyer? I’m fighting false domestic violence claims. A detective called me to say he was investigating me as a suspect, and I told him to call my lawyer and politely hung up. He called back 5 minutes later asking if I could have my friend bring my ex his belongings? Isn’t that illegal?

Answer:

Police officers are free to follow up with people (even potential suspects) about ongoing investigations. This is especially true in domestic violence cases, which often occur in the privacy of the home and with no other witnesses other than the two people involved.

When following up, police are often trying to obtain more evidence that can confirm their suspicion that the person they suspect actually committed the alleged crime. This confirmation may come in the form of an admission of guilt or an inadvertent divulgence of an unidentified witness. Even an attempt to clarify one’s earlier statement to police may be incriminating–giving two contradictory statements to police can make one appear less trustworthy to a jury.

And because police officers are trained and often polite, it may not be obvious when they are trying to elicit incriminating information during a conversation.

This is why, if you believe you may be a suspect in a domestic violence investigation, it is critical that you retain your own attorney and have the attorney speak to authorities on your behalf. Your attorney can serve as a barrier between you and police and stem the flow of any additional incriminating information from reaching law enforcement.

Read other criminal defense attorney answers at Avvo: How can a detective call me back after I told him to call my lawyer?