Legal Question in Criminal Law in California

If I were to show up at your home and want to question you, I would hope you would at least offer me a cup of coffee. But seriously, you can refuse to speak to me or any civilian about anything. If you are speaking of law enforcement wanting to ask you questions, you can refuse to answer any questions and stand on your 4th Amendment priviledge against self incrimination. If, however, law enforcement believes they have probable cause to arrest you, you should not resist, and simply remain silent and wait to speak to an attorney. I hope that answers your question. I wish you well .....David Wallin.

Yes, you can and should decline to go for questioning. They're not looking for "your side" of the story. They're looking to incriminate you and lock you into a statement that can only hurt you.

Even if you are 100% absolutely innocent, if they mishear you, misquote you or otherwise twist your words, even a complete denial could possibly hurt you.

Decline their request to go in for questioning and if they take you into custody, request to speak with an attorney before answering any questions.

Just to clarify the other answer - it's your Fifth Amendment right against self-incrimination, not the Fourth Amendment.

Yes, you can refuse to go and answer questions and you should.

Your "Miranda" protections only apply when you are in a custodial setting and are being asked questions that would likely incriminate you. If you go voluntarily you are not in a custodial setting.

If you are approached for questioning you must state that you don't want to speak with law enforcement unless your attorney is present. You must be very clear about your assertion of your 5th Amendment right against self-incrimination.

Elena Condes

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