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What Should I Do if Detectives Ask Me to Come in for an Interview About Images on My Device?

Most people regularly carry or otherwise use a device to communicate and store information. The police may ask to talk to those they believe have illicit images on their devices. If this happens, get a lawyer immediately.

You do not have to speak to the police about anything if you are not under arrest. If you are asked for an interview, you are free to walk away. Even if you are placed under arrest, you do not have to answer any questions about an alleged crime. You have the right to remain silent. Never agree to talk to the police about supposedly illegal images on your device without a lawyer present. Even if you think agreeing to an interview with the authorities could help you, do not go alone. Get a lawyer first.

Ask our child pornography possession lawyers for a free, confidential legal assessment when you call the Law Offices of John J. Zarych at (609) 616-4956.

If Detectives Ask to Talk to You About Images on Your Device, Do You Have to Go?

If the police request an interview, you are allowed to refuse. Unless the police have enough probable cause to get an arrest warrant, you do not have to go anywhere with them.

Are You Being Arrested?

The first thing to consider if the police ask to interview you is whether you are being arrested. While the police may request an interview, you do not have to answer any questions or go anywhere with the police if you are not under arrest.

It is a good idea to ask, “Am I under arrest? Am I free to leave?” Do not agree to an interview about alleged images on your device.

Did the Police Already Seize Your Device?

Another important factor to consider is whether the police have seized your device. If they have, they may have already seen everything on it or are in the process of getting a warrant to search the phone.

You may feel compelled to agree to the interview so you can explain your side of the story, but this may not be a good idea. Anything you say to the police will be used against you. The less you say, the better.

Are You a Suspect?

You should also consider whether you are a suspect or if the police simply believe you can answer questions about another suspect. If you are not a suspect, it may be a good idea to cooperate with the police. Get a lawyer first, even if the police tell you that you are not being investigated or under arrest.

What Should You Do Before Talking to Detectives About Images on Your Device?

If you are considering talking to the police about alleged images on your device, approach the situation with caution. Know your legal rights and how to protect them.

Call a Lawyer

Your very first step should be to call a lawyer. Even if you are not placed under arrest, the fact that the police want to talk to you about alleged images on your device is a major red flag. You may be under criminal investigation, and you should call a defense lawyer immediately. Do not speak to the police without your lawyer present.

Plan a Defense Strategy

Before searching a device like a cell phone, the police must get a search warrant. Why do the police suspect there are illegal images on your device? Did they search it with a warrant? If not, any evidence they have may have been illegally seized, and our child pornography possession lawyers can immediately begin working on having it excluded so it is not used against you.

Preparing for Arrest

Before agreeing to an interview with the police, you and your attorney must come up with a plan for what to do if you are arrested. Immediate concerns include securing bail so you can be released from jail. Your attorney should also explain all your rights to you, so you know how to assert them and protect yourself while you are in custody.

How to Challenge Allegations About Images on Your Device

If you are arrested and charged in relation to alleged images on your device, your attorney can help you develop effective defense strategies to protect yourself and clear your name.

Do Others Have Access to the Device?

Did someone else download the images to your device? In that case, it may be best to cooperate with law enforcement and let them search your device if they have not done so already.

We need to prove that someone else is responsible for the images. If you know who is responsible for the images, talk to your lawyer, and they can help you inform the authorities.

Did You Knowingly Download the Alleged Images?

Maybe you downloaded the images by mistake. This can happen, especially when using a device that you are not completely familiar with. Talk to your attorney about where the images could have come from. Did you recently visit any unusual websites, open strange emails, or click links you were unsure about? If so, we may argue that you lacked any intent necessary to be charged with a crime.

Can You Talk to the Police About Images on Your Device?

Do not answer any questions without a lawyer by your side. If you are unsure what to do, refuse the interview with the police and call a lawyer for help.

Should You Consent to a Search of Your Device?

No. Do not consent to a search of your device under any circumstances. Unless you give permission, the police need a search warrant to look through the contents of a cell phone.

Should You Delete Data from Your Device?

No. If the police believe evidence of a crime is on your phone, you may face serious consequences for deleting it. If you delete any data from the phone, talk to your lawyer about it. Accidental deletions or deleting data before realizing you are under investigation should not be punishable offenses.

How Should You Prepare for an Interview with Police About Images on Your Device?

Talk to your attorney about what the police believe is on the device and whether it could lead to criminal charges. Determine whether voluntarily talking to the police is even a good idea.

If you choose to speak to the police, your attorney can advise you on what to say and what questions to avoid. Remember, the police cannot compel you to answer any question you do not want to.

Talk to Our Child Pornography Possession Lawyers About Your Situation Now

Ask our child pornography possession lawyers for a free, confidential legal assessment when you call the Law Offices of John J. Zarych at (609) 616-4956.

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