The short answer is no. You should contact a lawyer immediately before you ever give a statement to anyone in law enforcement, an investigator, or anyone.
This is one of the biggest questions I get in my practice. And often my clients do give a statement to their detriment because they are not educated regarding the system, want to tell their story, or are coerced.
You are not required to give a statement to the police, any investigator or detective contacting you, and it is usually not in your best interest. You need to remain silent and contact a lawyer. Even when you are innocent of what is being asked, you are not a trained detective with training regarding interview techniques.
In Tennessee (and the U.S. generally), you have constitutional rights under the Fifth Amendment (right against self-incrimination) and the Sixth Amendment (right to an attorney). These apply whether you’re formally arrested or just being “asked to talk.”
Here’s the reality of the situation:
- You do not have to speak to a detective. Even if they say it’s “just to clear things up,” you can politely decline.
- Anything you say can be used against you, even if you think you’re explaining yourself or are innocent.
- You are allowed to ask for an attorney before answering any questions. Once you request one, questioning should stop.
For allegations involving sex offenses in particular, the stakes are very high—both legally and personally—so talking without legal advice can seriously harm your case.
A safer approach is:
- Politely say something like: “I’m not comfortable answering questions without a lawyer.”
- Do not try to explain, justify, or “fix” the situation yourself.
- Contact a criminal defense attorney as soon as possible.
If you or someone you know has been contacted by the police or has been falsely accused, contact our office today. I can explain what typically happens next (investigation process, warrants, charges, etc.) when you are facing a sex offense such as: rape, sexual battery, sexual assault, statutory rape, or sexual exploitation of a minor.