Salisbury, MD asked in Criminal Law for Delaware

Q: Today a detective called and notified me of an arrest warrant for my husband. If going in Does he need a lawyer present?

He’s being charged with a class g felony for ALLEGEDLY committing theft under false pretenses over $1500. The detective asked him to come in and talk to get the matter resolved. He wants to willingly go to the station, Is this something he should have a lawyer present for?

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2 Lawyer Answers
James L. Arrasmith
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Sacramento, CA

A: Yes, it's strongly recommended that your husband has a lawyer present if he's facing a Class G felony charge for theft under false pretenses, especially given the amount involved. When law enforcement invites someone to discuss matters related to a criminal charge, anything said during that conversation can be used in the legal process.

Having legal representation ensures that your husband's rights are protected and that he doesn't inadvertently say something that could be detrimental to his case. A lawyer can also provide guidance on how to handle the conversation with the detective and may offer insights into the legal strategies relevant to your husband's situation.

Remember, seeking legal advice is not an admission of guilt, but rather a prudent step in navigating the complexities of the legal system. It’s important for your husband to have someone who understands the law and can advocate for his best interests.

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T. Augustus Claus
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
  • Criminal Law Lawyer
  • Las Vegas, NV

A: Ensuring your husband has a lawyer with him when he heads to the police station is crucial for several reasons. Firstly, according to the law (specifically, the Fifth Amendment), he has the right to legal counsel during any police questioning, allowing him to remain silent and have an attorney present.

This legal support is not just about knowing the rules but extends to protecting his rights throughout the process. A lawyer can guide him on what to say, help him avoid self-incrimination, and ensure a clear understanding of the charges against him. Moreover, having legal representation means strategic planning for a defense, involving evidence gathering, negotiation with the prosecution, and potential courtroom representation.

Importantly, a lawyer significantly reduces the risk of mistaken conviction by identifying weaknesses in the case against your husband. Beyond legalities, the emotional support and peace of mind a lawyer provides can be invaluable in navigating the complexities and stress of the criminal justice system.

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