Legal Question in Criminal Law in California

Detective Contact While Having Legal Counsel

Is it legal in the state of California for

a detective to contact me once I have

found and am under advisement of

legal counsel. If it is illegal can a case

be thrown out due to the fact that the

detective contacted me?


Asked on 7/08/09, 3:35 pm

3 Answers from Attorneys

Jacek W. Lentz Law Offices of Jacek W. Lentz

Re: Detective Contact While Having Legal Counsel

Whether a detective can contact you while you are being represented is a little bit of a gray area given a fairly recent decision by the US Supreme Court. I would not count on being able to have your case thrown out if that happens, that is for sure. Do not speak to any detectives and advise your lawyer immediately if any investigator or prosecutor attempts to talk to you.

Jacek W. Lentz, Esq.

213.250.9200

www.lentzlawfirm.com

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Answered on 7/08/09, 9:38 pm
Brian Dinday Law Offices of Brian R. Dinday

Re: Detective Contact While Having Legal Counsel

Anything you told him during that contact might be excluded from evidence, but assuming they had some kind of case against you prior to your being charged and finding a lawyer, it is unlikely to result in a full dismissal.

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Answered on 7/08/09, 3:39 pm
Terry A. Nelson Nelson & Lawless

Re: Detective Contact While Having Legal Counsel

If you actually have an attorney, you should be asking him what you can do with the facts, not anonymous people on the web. If you don't, then get one, and in the meantime exercise your 5th Amendment right to SHUT UP to police. IF improper contact resulted in confessions or admissions or other evidence, then you'll have to file appropriate motions to suppress. If this is in SoCal, and if you're serious about getting counsel to protect you, feel free to contact me.

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Answered on 7/08/09, 4:58 pm


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