Via Cold Case TV SHow Can You Legally Not Agree to Be Questioned by Police if You're

[CdwJava]

I write a General Interest Blog that after 6 months, I'm getting about 1000 different readers a day but I won't write about stuff unless I know the correct basic facts. I've blogged about the misuse on the legal issues of Cold Case several times and the one thing I never understood other than they won't have a TV Show without it is, why would anyone bother to cooperate with the police in the first place other then they're stupid if they don't have to, if they had something to do with a crime in the past.

Even on the show, most the crimes aren't solved solely by a confession, they tend to be solved by interviews with witnesses and as a result of new evidence. And that's how these things often break. A discovered writing, a guilty conscience years later, witnesses that are no longer afraid of the suspect, and even suspects that talk themselves into a hole. After such a long time, many suspects will agree to talk because they do not want to LOOK like a suspect. The problem is, they forget what they originally said, and if it was a lie, it stands out at one end or the other.

The show is not all that far off from the truth. The only thing that probably does NOT happen is that the suspect likely does not always break down and give up the ghost as often as they do on the show.

- Carl

 

[seniorjudge]

1. Is getting a subpoena automatic? IE, they want to ask someone about their boss who was murdered 4 years ago. If you say, I don't want to talk to you can they subpoena you to talk to them when they're basically grasping at straws?

A: Nothing in the law is automatic.


2. If they do subpoena you, your saying you are not allowed to refusing answering questions about the boss if they do not pertain directly to you?

A: I am not sure what language that is; but I think the answer is you have to answer the question unless you are guilty of something and, in that case, you can plead the fifth.


3. Let's say you answer the Fifth. Can the police use that as a basis to arrest you?

A: Sure; it means you're guilty of something.


Q: In short, are you best off not cooperating whatsoever.

A: It depends on what you consider "best off".


Q: One last question. If you move say 1000 miles away will that deter them from questioning you?

A: You would have to ask "them".