Do I have to talk to a cop?
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Do I have to talk to a cop?
My friend got caught stealing some things from a store and I was with her when it happened. They took us back into a room. They checked our bags and mine was clear so they said I was free to go. They didn’t take my info or anything. A cop came and talked to her and she has to appear in court. The cop went to her house to issue her papers and they said they wanted to talk to me. I called the cop to clarify and he said that I was a witness and he wanted me to come to the court house with her so he could talk to me and get my side of the story. I asked if I was in trouble and he said someone claims they saw me take something but I didn’t. The one thing I did was put something in my friends bag that she asked me to put in there. However, the day it happened someone brought up that they saw that but I still wasnt in any trouble that day. What should I do? Do I have to talk to the cop? Should I? I’m pretty scared. Why would they bring it up so long after it happened?
Asked on April 4, 2018 under Criminal Law, Massachusetts
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Under no circumstances should you speak with the police without having an attorney present (or at least consulting with one). The fact is that you are facing possible criminal charges. Further, the police are experienced and trained in getting suspects to make incriminating statements about either themselves or others. Again, do not go in for questioning, since you are undern no legal duty to do so. This is true even if the police show up at your use and attempt to question you.
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