March 8, 2011 - An Invitation You Can Decline
I recently received a copy of a letter that was sent out by a
State agency
responsible for investigating a claim of fraud. The letter
politely notified the recipient of the good news that his case
had been officially
"approved."
The letter went on to explain that the investigator
had scheduled an appointment for the recipient to "discuss"
the matter,
to explain the court process, and answer any questions the recipient
might have. The letter further explained that the
investigator would be happy to accommodate the recipient by visiting
with him at his workplace, rather than requiring him to come to the
investigator's office.
The letter was very professional, and polite. What was
missing from the letter was what you always hear on television when
someone gets arrested. "You have the right to remain silent.
Anything you say can and will be used against you in a court
of law. . . ."
You see, the recipient of this letter was not the victim of fraud.
The recipient was the suspect. The case had been
"approved . . . for prosecution." The invitation to
come in and discuss the case was really a request to have the suspect
come in and confess.
It has been said that confession is good for the soul. But
before you make any statements to a police officer or other official
investigator, you should talk to an attorney first to be sure that you
understand your rights, the consequences of anything you might say, and
other possible methods of dealing with the situation.
Now, legally the letter did not need to inform the recipient of his
right to remain silent under the Fifth Amendment. This was
not a "custodial interrogation" requiring the
Miranda
warnings. But a good defense attorney will tell you that if
police or other investigators "invite" you to come meet with them, you
are free to decline the invitation.
This blog is the work of Utah
criminal
defense attorney Stephen W. Howard. It is not
intended to be
legal advice, and the information contained herein may not be
applicable to your particular factual or legal situation. If
you have been accused of criminal conduct, you should contact an
attorney as soon as possible to discuss the best way to handle your
case.

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