Houston, TX asked in Criminal Law and Elder Law for Texas

Q: I've been charged with a crime and the lawyer wants to talk to me should I speak with them with her without my lawyer

I have not been indicted I'm just charged and I want to know if I should speak with the detective about my case

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3 Lawyer Answers

A: The simplest answer is, "absolutely not"! It would help to know more about your case. Where is it, what is the charge, and when did the offense allegedly occur? I might be able to offer a little more advice with the additional information, but it's never a good idea to meet with law enforcement without counsel by your side.

John Michael Frick agrees with this answer

A: Never ever ever EVER speak with a police detective without an attorney if you think you may be even a suspect in a crime. Ever.

A: Never speak with any police officer in a case where you're even merely a suspect or "a person of interest". Although your question is worded in a way that makes it largely unclear, what is clear is that you seem to be suffering from a very real misundertanding of your present situation with respect to this alleged crime. First off, the fact that you have already been charged means that the police firmly believe you are guilty of the crime. Furthermore, they believe they can prove you are guilty. They absolutely intend to indict you whether you talk to them or not. The reason they want to talk to you is almost certainly to try to get you to confess to the crime while they videotape you in the interogation room. If they can get you to admit to the crime when they are talking to you, they will then try to get you to sign a written confession before they finish the "interview". And what you must understand here is that they are not wanting to talk to you because they are still investigationg the case, they want to INTERROGATE you, which is a whole different kind of "talk" than you are being led to believe is going to happen. If they were still investigating the matter, they would not have charged you yet. They want to get you to confess, not so they can wrap up the investigation, but so they can prove your guilt much more easily. Count on this-- YOU ARE GOING TO BE INDICTED regardless of whether you confess or not. So it is imperative that you talk with your lawyer before you do anything else. If the lawyer believes you are not guilty of the crime or if she believes she can convince the police that their case against you is really weak, then she might want to go with you to talk to the detective. While many lawyers will refuse to allow you to talk with the police at all, even with the lawyer being there with you, it is possible that she could keep you from being indicted by going to see the police with you. So, talk to the lawyer and together you can decide if you and she should go talk to the detective. If you decide to talk to the detective by yourself, you'll probably be making to worst mistake of your life.

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