Should I agree to a police interview if I’m accused of a sex crime?

Answer:
No — resoundingly no, at least not without an attorney present. Under no circumstances should you speak to police alone while under investigation for a sex crime. If you’re in this situation, give us a call right away so we can begin helping you.

Voluntary Doesn’t Mean Safe

Investigators often frame these interviews as voluntary, informal, or just a chance to “get your side of the story.” That framing is exactly why they’re so risky. A voluntary interview before any arrest is generally non-custodial, meaning there’s no requirement that you be read your rights first — nothing about the setting is designed to remind you that anything you say can be used against you.

The “Confrontation Call” Tactic

One tactic that comes up often in these investigations involves the alleged victim calling the accused, sometimes with an investigator listening in or recording. Georgia is a one-party consent state under O.C.G.A. § 16-11-66(a), meaning only one person on the call needs to agree to the recording — so the accuser can lawfully record the conversation without the accused ever knowing. Investigators hope an apology, an attempt to smooth things over, or a defensive statement will come across on tape as an admission, even when it isn’t one.

Why “Explaining Your Side” Usually Backfires

Investigators conducting these interviews aren’t neutral fact-finders working on your behalf — they’re building a case file. Small inconsistencies between what you say and what you said earlier, nervous or imprecise language, or statements taken out of the context you meant them in can all end up framed as evidence of guilt, regardless of what actually happened.

What Having an Attorney Present Actually Changes

An attorney in the room changes the entire dynamic of an interview. They can decline to let you answer specific questions, keep the conversation from wandering into unrelated territory, and make sure nothing gets said that can later be twisted into something it wasn’t. None of that is possible once you’re sitting across from an investigator alone.

Silence Alone Isn’t the Same as Invoking Your Rights

Simply refusing to talk or going quiet isn’t the same as formally asserting your right to remain silent and your right to an attorney. Courts have held that these rights generally need to be clearly and affirmatively invoked to carry full legal weight — which is exactly why the right move is to say plainly that you want an attorney present before answering anything, rather than just declining to respond and hoping that’s understood.

What to Do Next

If you’re in this situation, give us a call right away so we can begin helping you.

5 Star Rating

Brett and his team were beyond supportive, helpful, gracious, caring and knowledgeable! We went through the most challenging and difficult time in our life and he was there every step of the way. With results we could never have imagined but definitely prayed for.

Not to mention his level of professionalism. From the first time we spoke to the first time we saw him in court. He stood out from almost every other attorney there. We were so appreciative that our attorney looked and was so professional, pulled together and prepared. When so many others were none of these things.

Thank you just doesn’t seem like enough to convey our feelings and appreciation.

Karen L.

5 Star Rating

I tried to write this several times and it brought me to tears. First may I say this has been the hardest three years of my life. Five lawyers I interviewed and none even understood the law as it applied to my case. So I thought I would try one more and it was Brett. From our first conversation together I knew he understood the law and was the perfect one for the case. I want to say how he prepared the case and presented it, achieving a full dismissal and ruling the police violated my first amendment rights. Complete genius!!!!

If you're reading this review and unsure, stop...call Brett. He always returned my call or texts within a couple hours, never more than 24 hours. He was always courteous and knowledgeable, trust me he talked me off the ledge a couple times. I would have given him 10 stars but 5 was the only option. Thank you Brett for all you did for me!!!!!