Interviewer: How does someone know that they’re under criminal investigation? What are some of the signs?
Jack O’Donnell: The police notify them and they say that, “We need to question you, or you’ve been accused of doing this certain criminal act and we’d like to speak with you about it.” As I say, I would advise against coming in to the station to speak with them. However, if the police have enough evidence, independent of your cooperation, they will get the warrant for your arrest anyway.
You Are Not Obligated to Speak with the Police without Your Attorney Being Present
Interviewer: Are they obligated to meet with the police or detectives if they call you up?
Jack O’Donnell: No, no; of course not.
Interviewer: Are police allowed to lie to you about things like that?
Jack O’Donnell: They’re not allowed to lie, but it’s a reality that they’ll do what they have to do to get you to confess to what they believe you’ve done.
Is It Permissible to Tell the Police an Untrue or Misleading Statement?
Interviewer: What if someone feels pressured and they’re in that situation, are they allowed to lie to the police knowing that they’re going to talk to a lawyer later?
Jack O’Donnell: You’re not under oath, but the police wade through what you’ve told them and decide what to believe and what not to believe. If they feel that there is some incriminating information they’ll add it to the warrant.
If the Police Feel You Have Deliberately Lied, You Could Face an Additional Charge
Or if it’s clear that you’ve deliberately misled them, they may consider that to be evidence of your involvement in this suspected crime, and they would include that you gave false information. If they feel that you have deliberately lied, they could charge you with interfering with police.