Legal Question in Criminal Law in Massachusetts

Does my attorney have to return calls by the police on an investigation if I refuse to talk to them? I have been under investigation for over 6 months and my lawyer has advised me not to speak with police and he has not returned there calls. Should he return them?


Asked on 4/26/10, 2:48 pm

5 Answers from Attorneys

Dominic Pang The Law Office of Dominic L. Pang

Neither you nor your attorney should return calls to the police. Your silence, and by extension, your attorney's silence on your behalf, cannot be used against you at trial. You should heed your attorney's good advice and continue to refuse to speak to the police.

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Answered on 5/01/10, 5:28 pm
George Davis Law Office of T. George Davis, Jr.

It's difficult to speculate on what is going on in this situation. I suggest you ask your attorney this question to find out what his or her strategy is.

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Answered on 5/01/10, 5:29 pm
Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Your attorney is probably just keeping up to date with the status of the investigation, and buying some credibility and goodwill with the police in so doing. This is generally a smart and good practice. There is no chance your attorney is disclosing any privileged facts learned from you in these calls, so I don't see any harm done. But because I am unfamiliar with the specific facts involved, I can't say for sure. Why not ask your attorney this question directly?

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Answered on 5/01/10, 5:32 pm
Gregory Casale Gregory Casale Attorney At Law

The only thing that speaking with the police does is provide them potential evidence to use against you. Your silence can't be used to harm you. You should trust your lawyer and if you don't you should hire one that you do. However, it certainly sounds like good stretegy to me to not give the police anything that they can use. Your deisre to talk to the police is one of the most important reasons that you hire an attorney, to protect your rights and to protect you from harming yourself.

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Answered on 5/01/10, 5:51 pm
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

If you not happy with the explanation, get a second opinion.

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Answered on 5/02/10, 12:36 pm


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