In the state of Colorado, detectives can contact you if you’re suspected of a crime or if you might be a witness to a crime that you didn’t necessarily take part in. Seeing police officers knock on your door can be a scary thing. Getting a call from a detective out of the blue about an ongoing criminal investigation is even worse. Learn why and what happens when the police contact you. It may be the difference between getting arrested, getting a felony conviction, or never getting charged with a crime. Know your constitutional rights before sharing your side of the story!
Why Would a Detective Call Me?
A detective may call you for several reasons, even requesting that you stop by their police station. As we mentioned, they may be trying to gather information about a crime that has been committed, or they may be trying to locate a person of interest in a criminal case. They may also be calling to ask you to come in for an interview or to provide a statement as a witness. Additionally, they may be trying to verify the information they already have or eliminate you as a suspect in a crime.
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It is important to remember that if a detective contacts you, it is not necessarily an indication that you are suspected of a crime. But rather that they believe you may have information that can assist in their investigation.
What Happens When Detectives Contact You?
If you’re the suspect in an investigation, detectives will likely contact you. Do you have to talk to them? Too many people think that if they have nothing to hide, then they should clear the air and address any misunderstanding with law enforcement. However, this could be the biggest mistake of your life. By willingly talking to the detectives, you allow them to get something out of you that you didn’t mean to say—or say something due to the pressure of talking to the police.
If a Detective Calls You, Do You Have to Talk?
In short, no. It’s recommended that you preserve your rights and say nothing to the police. If contacted by a detective over the phone or in person, tell them that you would like to exercise your rights. More specifically, you would like to preserve your Fifth Amendment right against self-incrimination, Sixth Amendment right to have an attorney present, and Fourth Amendment right against unlawful search and seizure.
By doing this, you protect yourself from admitting something you didn’t mean to and giving them probable cause. This also gives your criminal defense attorney more room to defend you because they are not restricted by the statements you made to the police. You aren’t admitting your guilt by protecting your rights. Even if you haven’t been arrested and read your Miranda rights, anything you say can still be used against you. By talking to detectives, you only make their jobs easier and put yourself in jeopardy of being charged with a very serious crime.
What to Do If a Detective Calls You?
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If you’re contacted by a detective, you should talk to a lawyer right away. Your lawyer will be able to speak to law enforcement on your behalf and may be able to mitigate circumstances before charges are even brought to light. It is always in your best interest to seek legal advice before it is too late. By staying a step ahead of the game, you ensure that you have the best legal defense options if your case does go to trial.
Often, when a detective calls someone and speaks to them over the phone regarding allegations, this conversation is recorded without the person’s knowledge. Too often, people say things over the phone that they think won’t come back to haunt them. If you talk to a detective over the phone, you should assume the conversation is being recorded.
Talking to a Detective Over the Phone
Detectives might also have a spouse or someone in your inner circle call you on their behalf. That person might attempt to keep you talking in the hopes that you will reveal enough evidence that can, in turn, be used against you. The police will also have that conversation recorded. This is called a pretextual phone call and is completely within the detective’s rights during an investigation. The detectives will tell the person who is calling you to make promises such as “We can get back together if you just tell me the truth” or “I need to hear the truth so the victim can get closure and move on.”
Police will use people close to you to get the information they want. They can even go as far as to put a wire on someone you trust who is really acting as an agent of the police, trying to get you to make statements that could incriminate you. The best thing to do is not speak with anyone about the details of your case except your attorney.
Police are not restricted in any way from getting the information that they need. They can tell you whatever they think will get you to confess to a crime. Even if you say you didn’t do something 100 times, they will continue to ask you questions and try to get you to slip up. They may even pretend to believe you, making you think they’re on your side so you begin to trust them. Police will use this trust to get whatever evidence they need to make their case. They are not here to help you; the police want to make their case as strong as possible. Do you think they are not paid to protect you or obtain an arrest and a felony conviction?
Talking to a Detective In Person
Speaking to a detective in person, especially within the confines of a police department, poses significant risks. While it may seem harmless, such encounters can lead to individuals inadvertently incriminating themselves. Inside a police department, there’s a heightened sense of authority, which can be intimidating and lead you to say things you didn’t intend or fully understand. Moreover, without legal counsel present, you may unknowingly provide information that could be misconstrued or used against you later. Additionally, detectives are trained in interrogation techniques and may use pressure tactics to elicit incriminating statements. Therefore, it’s incredibly important to exercise caution and understand your rights before engaging with law enforcement.
Can a Police Officer Lie to You?
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Yes. That is what is so scary about the police calling you or showing up at your house. Our Supreme Court has stated that “deception” is absolutely allowed. The courts recognize that it is a potent tool of law enforcement to be allowed to deceive a suspect. That means they can legally tell you that you are not a suspect in a crime or that they are just trying to clear things up when that is not 100% true. This makes sense. It allows law enforcement to obtain information they otherwise would not be able to ascertain.
If you get a call from the police telling you, “You did not do anything wrong, and you are not a suspect but tell me what you saw the other night at the bar?” If you said, “NOTHING,” you could be convicting yourself in a trial. Why? Well, you have just put yourself at the time, place, and location of the crime scene. Oops. If they think you were involved in the fight, stabbing, etc., you saying “NOTHING” would mean that you denied any responsibility when given the chance, and that is what they would say to your jury.
Remember, never answer phone calls from numbers you don’t know. If someone has something important to say, they’ll leave a message. If a detective leaves you a voicemail, you can easily forward it to your attorney so you don’t put yourself in harm’s way unintentionally when you call back. Hiring a lawyer, in the beginning, has literally been the difference between a conviction and not being charged for some of our clients!
Why You Need a Criminal Defense Lawyer
In Colorado, you have the right to have legal representation if a detective contacts you. Never answer a phone number you don’t know, and if someone shows up at your door, tell them you need to reach out to your attorney to speak with them on your behalf. It is your right, under the law, to have a lawyer present, and it’s the best thing you can do for yourself if a detective contacts you.
You may or may not have any idea why a detective is contacting you. In either case, you should protect your own best interests and steer clear of any conversations that could incriminate you, your friends, or family members down the line. Contact the Law Offices of M. Colin Bresee for a free consultation before speaking with law enforcement.
Sex Assault Cases in Colorado
In a sex assault or offense investigation, the possible sentence may be an indeterminate or life sentence. Please call an experienced criminal defense attorney immediately, just in case! Even if you choose a different law firm, please protect yourself ASAP!
So to recap, call a lawyer first for help, not a detective, if they are trying to prosecute you.
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