Leesburg, FL asked in Criminal Law for Florida

Q: Do I need a lawyer with me if the police want to question me about a crime

Related Topics:
4 Lawyer Answers
Jonathan Blecher
PREMIUM
Jonathan Blecher pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Would you need a doctor to perform surgery?

Michael Fayard agrees with this answer

A: Absolutely. If you are suspected of any crime, then it is always better to have counsel.

First, you are under no obligation to speak with the police. If they want to talk with you about a crime, chances are they don’t have enough evidence to charge you. Yet. Because if they did have enough evidence, then they would get a warrant and arrest you.

Second, you can rarely, if ever, talk yourself out of an arrest, but you can certainly talk yourself into one!

Leonard Louis Cagan agrees with this answer

1 user found this answer helpful

Jeffrey H. Garland
PREMIUM
Answered

A: Unless you are absolutely sure they are not there to investigate YOU as the perpetrator, then YES, YOU NEED A LAWYER. The lawyer can help you understand how police conduct investigations, the terminology they may use, and how various answers might be interpreted.

A: I recommend you hire an attorney to represent you in the investigative phase. Although you have a constitutional right to refuse to speak to law enforcement, they many times take a refusal to talk as some indicia of guilt. If they are trying to contact you I usually recommend that a client call the officer and tell them that they have nothing to hide and would be glad to make a statement. I then have them refer the officer to the attorney to "set it up." Most of the time I never get a call from the police. If I do and I decide not to have my client make a statement, I take the blame rather than my client. This decision is very fact specific and there are some cases where you just cannot make a statement, but I would never recommend making any statement without a lawyer - other than to refer them to your lawyer. In addition to the above, it is important to have a lawyer as a witness if they make you any promises in exchange for your statement. Hire a lawyer!

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.