A detective just called. What should you do?
Do not talk to the detective. Whether you’re innocent, guilty, or being told you’re “just a witness,” you should never speak with a detective without consulting a criminal defense attorney first. The only exception is if you are the victim of a crime. Ask for the detective’s name, badge number, and callback number, then hang up and call a lawyer immediately.
Police officers and detectives are trained to take advantage of the fact that most people have never planned for this moment. Human nature makes us want to cooperate, explain ourselves, and clear things up. Detectives know this and use it against you. At Varghese Summersett, our criminal defense attorneys have spent years on both sides of these conversations. We know exactly how detectives operate and how to protect you. Watch this video from attorney Tiffany Burks explaining why you should never speak without a lawyer present.
Why do detectives call people?
Detectives contact people for several reasons. You might be a witness to a crime, a person of interest, or an actual suspect. You might have information valuable to an investigation without even realizing it. Sometimes detectives call to “rule someone out” as a suspect. Regardless of what they tell you, their job is to build cases and gather evidence.
Being contacted by a detective does not automatically mean you’re suspected of a crime. But it doesn’t matter. Anything you say can become evidence, and even innocent statements can be twisted or misunderstood. The safest response is the same whether you’re a witness or a target: get a lawyer involved before you say anything.
What should you do immediately when a detective calls?
Stay calm. Your first instinct might be to explain yourself or ask what’s going on. Resist that urge. Instead, follow these steps:
First, verify the caller’s identity. Scammers sometimes impersonate police to intimidate people into revealing information. Ask for the detective’s full name, badge number, and a phone number where you can reach them. A real detective will provide this information without hesitation.
Second, assume you’re being recorded. Many jurisdictions allow one-party consent recording. The detective may be recording the call without telling you. Every word you say could end up as evidence.
Third, end the conversation politely. Say something like: “I’d like to help, but I need to speak with an attorney first. My lawyer will be in touch.” Then hang up and call a criminal defense attorney immediately.
Do not answer any questions about where you were, who you were with, or what you know. Even seemingly harmless details can place you at a scene or connect you to evidence you didn’t know existed.
Can detectives lie to you?
Yes. Detectives can legally lie to you during an investigation. This is one of the most important facts to understand. Under Texas and federal law, police have no obligation to tell you the truth during questioning. They can claim they have evidence they don’t have. They can say witnesses identified you when no one did. They can tell you that cooperating will help your situation when it won’t.
Common tactics include falsely claiming they have DNA evidence, video footage, or a confession from someone else. Detectives may pretend to sympathize with you (“I understand why you did it”) to get you to open up. They might minimize the severity of the situation (“This is no big deal, we just need to clear some things up”) to lower your guard.
Some investigators use the Reid technique, a specialized interrogation method designed to obtain confessions. This approach involves presenting fabricated evidence and constructing narratives around your supposed motives. These tactics work. Innocent people confess to crimes they didn’t commit because they’re confused, exhausted, or believe cooperating is their only option.
Detectives may also arrange “pretextual calls” where your spouse, friend, or family member calls you while police secretly record the conversation. You might think you’re having a private discussion when you’re actually providing evidence.
When do Miranda rights apply?
Miranda rights only apply during custodial interrogation, meaning you must be both in custody and being questioned. A phone call from a detective is not custodial. A “voluntary” conversation at the police station is not custodial. A chat with a detective who knocks on your door is not custodial.
This distinction matters because detectives can question you extensively without ever reading your rights. Many people assume that if they weren’t Mirandized, nothing they said can be used against them. This is wrong. Statements made during non-custodial encounters are fully admissible in court.
Under the Texas Code of Criminal Procedure Article 38.22, oral statements made during custodial interrogation are generally inadmissible unless properly warned. But this protection evaporates in non-custodial settings. Your Fifth Amendment right against self-incrimination exists regardless of custody, but you must actively invoke it. Silence alone is not enough. You must clearly state that you are exercising your right to remain silent and want an attorney.
What if a detective asks you to come to the station?
An invitation to the police station is not a subpoena. It is not a court order. You have no legal obligation to accept. Politely decline and tell the detective that your attorney will contact them to arrange any necessary meeting.
Going to the station voluntarily creates problems. First, it signals cooperation, which prosecutors can use to argue you weren’t in custody (meaning Miranda doesn’t apply). Second, the station environment is designed to make you uncomfortable and compliant. Detectives control the setting, the timing, and the pressure. Third, what starts as a “quick conversation” can turn into hours of interrogation.
If you want to cooperate (and sometimes cooperation is the right strategy), do it through your attorney. A defense lawyer can contact the detective, learn what the investigation involves, and advise you on whether providing information helps or hurts your situation. If a statement is appropriate, your attorney will be present to protect your rights.
The same advice applies if a detective leaves a business card on your door or at your workplace. Do not call them back. Call a lawyer instead.
What are probative questions and why are they dangerous?
Probative questions are designed to establish specific facts that can be used as evidence. They might seem casual, but each answer builds the case against you. “Where were you last Tuesday evening?” puts you at a location. “Do you know Sarah Johnson?” establishes a connection. “Have you ever been to that address?” creates physical evidence.
Even truthful answers to probative questions can be devastating. You might innocently confirm you were near a crime scene, that you knew the victim, or that you had access to something involved in the investigation. Once you’ve made these statements, you cannot take them back.
Without a lawyer present, you have no way to know which questions are dangerous. A detective won’t tell you that your answer just became the key piece of evidence linking you to a crime. That’s why the only safe response is no response until you have legal counsel.
Why do you need a criminal defense lawyer before talking to police?
A criminal defense attorney does more than sit next to you during questioning. Before any conversation happens, your lawyer will contact the detective to understand the nature of the investigation and what allegations (if any) exist. This information is invaluable. You cannot make informed decisions about cooperation without knowing what you’re facing.
Your attorney will provide an honest assessment of your situation and advise whether speaking to police helps or hurts your case. Sometimes cooperation is beneficial. More often, it isn’t. Only an experienced defense lawyer can evaluate the specific circumstances and guide you appropriately.
If charges seem likely, early attorney involvement can make a significant difference. Your lawyer may be able to mitigate circumstances before charges are filed, arrange a dignified self-surrender instead of a public arrest, or begin building your defense while evidence is fresh.
How do you find the right criminal defense attorney?
Look for an attorney with specific experience in cases similar to yours. A lawyer who handles DWIs may not be the right choice for a financial crimes investigation. Ask about their history defending the type of charges you might face.
Local experience matters. An attorney familiar with the prosecutors and judges in your jurisdiction understands how cases are handled locally. They know which approaches work and which don’t. At Varghese Summersett, our team includes Board Certified criminal defense specialists and former prosecutors who have handled thousands of cases across Dallas, Fort Worth, Houston, and throughout Texas.
Resources like Super Lawyers and your local bar association can help identify qualified attorneys. When you meet with a potential lawyer, ask about their billing structure, communication style, and approach to cases like yours. Trust your instincts. You need someone you can be completely honest with and who will be completely honest with you.
Frequently asked questions about detective calls
What should I do if a detective calls me?
Ask for the detective’s name, badge number, and phone number. Tell them you’ll be in touch, then hang up and contact a criminal defense attorney immediately. Do not answer any questions about the investigation.
Why would a detective call me if I didn’t do anything wrong?
Detectives contact witnesses, people with relevant information, and individuals they want to rule out as suspects. Being contacted does not mean you’re accused of a crime. However, anything you say can become evidence, so you should still consult an attorney before speaking.
Can police lie to me during an investigation?
Yes. Detectives can legally lie about evidence, witness statements, and other facts during an investigation. They can claim to have DNA, video, or confessions that don’t exist. This is why you should never rely on what a detective tells you.
Do I have to go to the police station if a detective asks?
No. An invitation to the station is not a legal order. You can decline and have your attorney contact the detective to arrange any necessary meeting. Going voluntarily waives certain protections and puts you in an environment designed to pressure you.
Will it look bad if I refuse to talk to police?
Exercising your constitutional rights cannot legally be used against you. Prosecutors cannot tell a jury that your silence implies guilt. Experienced defense attorneys know that talking without counsel almost always makes situations worse, not better.
A detective called. Now what?
Take a breath. You have time. Detectives rarely need immediate answers, despite what they may suggest. The most important thing you can do right now is contact an experienced criminal defense attorney before saying anything to law enforcement.
At Varghese Summersett, our criminal defense team includes Board Certified specialists and former prosecutors with decades of combined experience. We’ve helped countless clients in exactly this situation, and we can help you understand your options and protect your rights.
Call 817-203-2220 for a free consultation. We’re available 24/7 because we know these calls don’t wait for business hours.
