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

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4 Lawyer Answers
Jonathan Blecher
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Answered
  • Criminal Law Lawyer
  • Coral Gables, FL
  • Licensed in Florida

A: Would you need a doctor to perform surgery?

Michael Fayard agrees with this answer

Michael Fayard
Michael Fayard
Answered
  • Criminal Law Lawyer
  • Sarasota, FL
  • Licensed in Florida

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
Jeffrey H. Garland
Answered
  • Criminal Law Lawyer
  • Fort Pierce, FL
  • Licensed in Florida

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.

Leonard Louis Cagan
Leonard Louis Cagan
Answered
  • Criminal Law Lawyer
  • Ocala, FL
  • Licensed in Florida

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!

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