I had this come up with someone who approached me asking advice a couple days ago. There was an ongoing investigation into a theft. He was a paramedic who responded to a distress call at a residence. He duly noted, as required by the procedure manual, that there were no additional belongings with the individual who was transported.

A few days later, a report was made by the helped individual that a two karat diamond ring was missing. The police began to question everyone, including the paramedic, who told them what happened. A couple weeks later, he was approached by the police again. They told him the investigation had “stalled”, and requested that he come in for additional questioning and a polygraph test. He wanted to know what to do.

To start, you are under no obligation to talk to the police. An investigation can only stall for one reason – there is not enough evidence to continue. In this case, we knew only that 1) a ring may or may not have been stolen, and 2) if it was stolen, no one knows who did it. All the DA needs is probable cause to begin a criminal prosecution. Failing a polygraph (whether you are guilty or not) or looking nervous in an interview is sufficient for a prosecutor to move forward with a prosecution under the above facts. It may not result in a conviction, but that’s not the point.

Defending a criminal prosecution is stressful and expensive. Avoiding it is always the best option. Usually when the police want to talk to you, it is isn’t about making sure you are innocent.