Responding to Police Questioning Before Charges Are Filed
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 1, 2026
Legal Inquiry
Consumer Legal Issue
Ive been accused of property damage by my roommate without any proof. a police office left me a voicemail and wanted to talk to ask me questions. what should I do?
Attorney Answer
You are not required to talk to the police before you have been charged, and calling that officer back on your own, without a lawyer, is the riskiest thing you could do right now.
A voicemail asking you to come in and answer questions is an investigative request, not a command you must obey. You have the right to remain silent, and there is no legal penalty for politely declining to discuss the incident until you have spoken with a lawyer. Anything you say — including something that feels minor or helpful to your side — can be used against you later.
A disagreement between roommates about property damage is often, at bottom, a civil question about who pays for a repair. It does not automatically become a criminal matter. But an unrepresented conversation with an officer investigating an accusation is one of the ways a dispute like that acquires criminal exposure, particularly if anything you say is later characterized as inconsistent.
What you can do
1. Do not leave the voicemail unanswered indefinitely, but do not call back and discuss the incident either. If you call, say only that you are retaining an attorney who will follow up. 2. Write out your own private timeline and recollection now, while it is fresh, to give to an attorney rather than to police. 3. Gather anything that supports your account — messages with your roommate, photos of the property, names of anyone present. 4. Consult a Utah criminal defense attorney before any conversation with the officer, even if only for a short consultation. 5. If you are ever questioned or detained, state clearly and calmly that you are invoking your right to remain silent and want an attorney, then stop talking.
Cases Cited
Published decisions relevant to this issue, provided as legal background rather than advice about any particular case.
- State v. Bush, 2025 UT App 87 — Court of Appeals of Utah 2025
- United States v. Chavez, 985 F.3d 1234 — Court of Appeals for the Tenth Circuit 2021
- State v. Montero, 2008 UT App 285, 191 P.3d 828 — Court of Appeals of Utah 2008
- Harper v. Summit County, 2001 UT 10, 26 P.3d 193 — Utah Supreme Court 2001
- State v. Stricklan, 2020 UT 65, 477 P.3d 1251 — Utah Supreme Court 2020
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Frequently Asked Questions
Do I have to talk to police if they leave a voicemail asking me questions?
No. Unless a person is under arrest and being formally questioned in custody, there is generally no obligation to respond to a request for a voluntary interview, and the request can be declined until the person has spoken with an attorney.
What is the difference between a civil property-damage dispute and a criminal charge in Utah?
A civil dispute typically involves one person seeking money to repair or replace damaged property, resolved in a civil or small claims action. A criminal charge requires the state to prove specific elements, including the required mental state, beyond a reasonable doubt, and can carry fines or jail.
What happens if someone declines a police request for an interview?
Declining a voluntary interview is not a crime, though the investigation can continue without that person's input. If charges are eventually filed, the person is formally notified and can respond through counsel at that stage.
