Legal Question in Criminal Law in California

i have been asked to come in for questioning at the police dept do i need a lawyer


Asked on 12/05/09, 5:36 pm

2 Answers from Attorneys

Robert Marshall Law Office of Robert L, Marshall

DO NOT TALK TO THE POLICE.

Cops are often careful to say you are talking to them voluntarily, that you are not under arrest, and that you are free to leave at any time. In fact, they may be planning to arrest you as soon as they get your statement.

They do this so they won't be required to advise you of your right to remain silent and your right to have an attorney present during questioning. They are also allowed to lie to you, and claim they have witnesses, statements and other evidence, even if they don't.

You are unlikely to talk your way out of trouble. Police are experienced interrogators, and are skilled at getting you to say things that incriminate you, even if you don't realize it at the time.

They may arrest you, anyway. Do not talk to ANYONE about this case except your lawyer.

On TV shows like Law & Order, they often show defense attorneys and their clients meeting with the prosecutor and police. In the real world, this rarely, if ever, happens.

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Answered on 12/10/09, 4:13 pm
Terry A. Nelson Nelson & Lawless

Not if you intend to simply plead guilty and let the court max sentence you.

Otherwise, hire an attorney immediately, and exercise your 5th Amendment right to SHUT UP. Talk only to your attorney, not the police or anyone else.

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Answered on 12/10/09, 4:27 pm


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