Legal Question in Civil Litigation in Arkansas


If a person is asked to come in for questioning by a lieutenant and then he says you don't have to come in if you don't want to what till happen if you don't go? If you go and they read you your rights and then refuse to tell you why you are there unless you sign a paper saying you will talk to them without and attorney is this legal?

Asked on 12/19/08, 9:03 am

1 Answer from Attorneys

Brandon Moffitt Moffitt & Phillips, PLLC

Re: questioning

I would recommend you hire an attorney before you give any type of statement to the police. You need to understand the consequences of your actions before you act, instead of trying to repair the situation after the fact.

There is nothing illegal about the police asking you to come in and talk or asking you to sign the waiver. You do not have to go in. If you do, you have consented to speaking with them. They want the waiver because they want cover their basis and show that you spoke to them knowing that you had a right to obtain the services of an attorney and you waived it.

So if you plan on speaking to the police about something that may incriminate you or anything else for that matter.... you should definitely seek the services of a qualified attorney as soon as possible.

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Answered on 12/19/08, 9:50 am

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