The business card wedged in the door. The voicemail from a detective who "just wants to clear something up." Brian Foley explains in this video why you should hand that card to a lawyer instead of picking up the phone.
What the call is really for
A detective who reaches out before charges are filed is at the stage of an investigation where they need something: an admission, an identification of others, a timeline, or simply your voice on a recording. The friendly tone is training. "Getting your side" is a phrase designed to make you feel that talking is fair and refusing is suspicious. It is neither.
What a lawyer can do that you cannot
- Find out what it is about. A lawyer can call the detective, identify themselves as your counsel, and often learn the nature of the investigation — without you saying a word.
- Decide whether a statement helps. Sometimes it does: an alibi with documentation, a misidentification that can be cleared quickly. Usually it does not. A lawyer can tell the difference.
- Control the format. If a statement is worth giving, it can be a written proffer, a letter, or a sit-down with counsel present — not a recorded interrogation where the questions are designed to trap.
- Stop the contact. Once you are represented, the detective must go through your lawyer.
What a lawyer cannot do
Undo a statement you already gave. Once it is recorded, it is evidence, and it will be interpreted by a prosecutor who was not in the room.
The script
If the detective reaches you before your lawyer does: "I'm going to have my attorney contact you. I'm not going to answer questions." Take the name and number. Hang up. Do not "just confirm" anything. Then call. Brian Foley and Luis Baez handle pre-charge investigations regularly, and the ones that never turn into charges are the ones where the lawyer got there first. Call or text (713) 703-1718.