What to Do if the Police Want to Interview You About a Crime

Quote:

---

Quoting cwk1

---

If she goes in for an interview, would they read her her rights

---

Maybe, maybe not. Usually, they will tell her that she is not under arrest and just there to talk to them. This lulls you into thinking that they aren't trying to get her to incriminate herself, when they are. Since she's not in custody, Miranda doesn't apply. She can be questioned and everything she says used against her.

Quote:

---

do you recommend she just refuse to go in?

---

She should not go in. There are rare time when it might be advisable to do so, but she should consult an attorney first. Almost always the attorney will say:
1. Don't talk volutnarily.
2. If they arrest or charge, don't say anything until the lawyer is there.

Quote:

---

The cop said to me (and I know they can lie) that she will not be arrested "that day". Why did they tell me that?

---

Because they want her to come in. It's a better line than, "We want to see what you're going to say so we can figure out what we can charge you with," though I have heard a cop say that once.
Again, not being under arrest (or threat of such), keeps Miranda warnings form being required.

Quote:

---

I guess they reviewed outside video of parking lot to ID the car she got into. Her friends charges (who was caught) were dropped.

---

Driving the getaway car is just as big of a deal as being the one doing the actual removal of the merchandise. She is just as guilty as her "friends."

Quote:

---

Quoting cwk1

---

Her friends charges (who was caught) were dropped.

---

Or maybe, just maybe, her friend ratted her out. Having caught a few shoplifters in my time, I've known many to quickly identify who was with them. I've even had a few call them and ask them to come back, instant two-fer.

Just don't talk to the police period. It can never help a defendant. Once called into the interview room they already assume you guilty, and they will just mine for incriminating statements. You have a right to deny self-incrimination... use it.

Quote:

---

Quoting cwk1

---

If she goes in for an interview, would they read her her rights - and then she should request an attorney, or do you recommend she just refuse to go in?
The cop said to me (and I know they can lie) that she will not be arrested "that day". Why did they tell me that - they contacted me first because I own the car she was driving.
They told me they have video identifying the car she was driving and that is how they found her. They said it will just be a "conversation". Apparently her friend that was with her was caught stealing and was advised by the store to tell her that they didn't know who she was but would find out. I guess they reviewed outside video of parking lot to ID the car she got into. Her friends charges (who was caught) were dropped.

---

You're not getting it. The whole point of this discussion and the video is that she refuses the interview and if they arrest her she invokes her right to an attorney and keeps her mouth shut.

She shouldn't even be talking to you about it nor you to the cops because you can be compelled to testify against her.