Burglary, Arson, Home Invasion Being called to come be questioned.

[NotTheFish]

Within the last year there was a burglary next door to where Fish lived at the time. A detective has been trying to get a hold of Fish since early January and recently succeeded and asked Fish to come in today in about 2 and 1/2 hours for questioning related to said incident. Fish does not want to talk to them AT ALL for a multitude of reasons. The most important being that Fish thinks he/she is a suspect. Fish lived not 50 feet from the house and has a record (for marijuana but still) so Fish thinks that set off their suspicion. Secondly and nearly just as important, Fish will be of no aid in this investigation and Fish just really doesn't want to talk to them at all. They have never helped fish, actually the opposite. Assuming(!) that Fish commit a crime not entirely unrelated to said burglary; Fish's question(s) is/are.

1. Can Fish just call him and say, "I am invoking my right to remain silent under the reasoning that I will be of no aid in your investigation and will only be wasting time and resources. Any future questions must be asked through a lawyer and/or not answered." (or something shorter)
2. Can they continue to bug Fish and call Fish after he does number 1. Fish has no lawyer so they would/should not be able to ask me anymore questions unless the detain or arrest me, correct?
3. When pertaining to being questioned, is Fish's right to a lawyer being present at no cost to Fish still viable. Fish would feel more comfortable if someone was there that Fish KNEW was on his/her side instead of Fish being the only one Fish KNOWS is on Fish's side. A lawyer would keep Fish from becoming one of those "false confession" people. (Number 3 is assuming that 1 and 2 are not viable or advisable for Fish to do.)

I don't want to see the inside of a police station ever again.

 

[mightymoose]

1. Simply don't show up. Don't call anyone to explain.
2. Yes, they can continue to ask and you can continue decline. They can ask you all the questions they want to if you are not in custody. Tell them to go play in traffic.
3. A lawyer isn't provided for free until after arrest and arraignment. You don't want that. You have nothing to gain by talking with them. Even if you did talk with them you could do it on your own terms at the location of your choice with whoever you want present.

They likely want you to come in because you are a suspect, and because they want the interview discreetly audio/video recorded.

 

[NotTheFish]

Thank you very much for the prompt reply. No offense to you mightymoose but can I get a second opinion on the matter from another member? I just want to know if this is a grey area or will multiple people tell me the same as you. Btw are you a lawyer/legal-something mighty? Again, thanks for helping a random stranger I just want to know I am getting reliable advice. The internet isn't usually the place I ask but not a lot of resources to rely on within an hour.

 

[army judge]

Within the last year there was a burglary next door to where Fish lived at the time. A detective has been trying to get a hold of Fish since early January and recently succeeded and asked Fish to come in today in about 2 and 1/2 hours for questioning related to said incident. Fish does not want to talk to them AT ALL for a multitude of reasons. The most important being that Fish thinks he/she is a suspect. Fish lived not 50 feet from the house and has a record (for marijuana but still) so Fish thinks that set off their suspicion. Secondly and nearly just as important, Fish will be of no aid in this investigation and Fish just really doesn't want to talk to them at all. They have never helped fish, actually the opposite. Assuming(!) that Fish commit a crime not entirely unrelated to said burglary; Fish's question(s) is/are.

This video will answer every question about talking to the police!!!!!

https://www.youtube.com/watch?v=6wXkI4t7nuc

1. Can Fish just call him and say, "I am invoking my right to remain silent under the reasoning that I will be of no aid in your investigation and will only be wasting time and resources. Any future questions must be asked through a lawyer and/or not answered." (or something shorter)

You don't even have to respond to his invitation.

Rest assured, if they had the GOODS on you, they'd just come and get you.

2. Can they continue to bug Fish and call Fish after he does number 1. Fish has no lawyer so they would/should not be able to ask me anymore questions unless the detain or arrest me, correct?

They can't bug you if they don't have your number.

But, so what they call.

You don't have to answer.

3. When pertaining to being questioned, is Fish's right to a lawyer being present at no cost to Fish still viable. Fish would feel more comfortable if someone was there that Fish KNEW was on his/her side instead of Fish being the only one Fish KNOWS is on Fish's side. A lawyer would keep Fish from becoming one of those "false confession" people. (Number 3 is assuming that 1 and 2 are not viable or advisable for Fish to do.)

A GOOD criminal defense lawyer will simply tell you, don't talk to the police.

You are under NO obligation to even appear.

Again, if they had the goods on you, they'd just come and arrest you.

Even if they arrest you, simply say, I invoke my right to silence under Miranda and the Fifth Amenment to remain silent.

In other words don't dance with the devil.

Just say no.

 

[NotTheFish]

all those colors.... Ha. Thanks people for the advice, Fish will certainly heed it. That video is great so far btw. Thanks again and keep up the good work.
Fish and NotTheFish

 

[army judge]

all those colors.... Ha. Thanks people for the advice, Fish will certainly heed it. That video is great so far btw. Thanks again and keep up the good work.
Fish and NotTheFish

That video is the best one I've ever seen on the subject.

In the interest of FULL DISCLOSURE Professor James Duane is an acquaintance and friend of mine.

Notwithstanding that, the above video is 100% true.

Out of personal curiosity, Fish (or Not Fish), what department called our MYTHICAL subject above?

 

[NotTheFish]

I am unsure what you mean by department. It was a detective at a local/city police station/department? It wasn't sheriffs or anything else. Is that what you mean?
I'm loving that guy. Extend my gratitude if the opportunity arises! The video is very informative.

 

[army judge]

I am unsure what you mean by department. It was a detective at a local/city police station/department? It wasn't sheriffs or anything else. Is that what you mean?
I'm loving that guy. Extend my gratitude if the opportunity arises! The video is very informative.

I meant the name of the city.

I know how many of these departments behave.

I also know many of their defectives.

 

[NotTheFish]

Brenham is where Fish is and the department

 

[army judge]

Brenham is where Fish is and the department

Yes, in Washington County.

Brenham is your county seat.

Great little ice cream shop there, if I recall correctly.

You even improved your downtown area.

Yeah, if you're smart, keep saying NO.

They will try many tricks to break you, but NO does mean NO.

 

[disagreeable]

Fish, Not Fish and SWIM................