QUESTION
Can I refuse to release a statement to police and hire a lawyer?
Asked on Jun 28th, 2011 on Criminal Law - Ohio
More details to this question:
I have been named in a police report involving a break in and the police came to my house and want me to come in to release a statement on tape. Should I have a lawyer?
33 ANSWERS
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Whenever you are the focus of an investigation you should always be represented by counsel, and never speak with law enforcement without your lawyer being present.
Answered on Jul 11th, 2013 at 2:29 AM
Criminal Defense Attorney serving Seattle, WA
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Eric Schurman Attorney at Law
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Absolutely. Do not make a statement of any kind to the police.
Answered on Jul 11th, 2013 at 2:19 AM
Bankruptcy Attorney serving Huntington Beach, CA
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The English Law Firm
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If you were involved in the break in or suspect that you might be charged, then I would say you definitely need an attorney.
Answered on Jul 11th, 2013 at 2:05 AM
Criminal Defense Attorney serving Stockton, CA
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Law Offices of Scott Tibbedeaux & Associates
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Yes, it is advisable to have counsel present when making a statement to police in order to protect yourself. The other option is to not make a statement at all.
Answered on Jul 13th, 2011 at 12:27 PM
When the police approach you you do not have to provide a statement. Having an attorney is best because then the police can be on notice that you have an attorney and questioning cannot occur unless that attorney is present.
Answered on Jul 05th, 2011 at 3:36 PM
Yes you need a lawyer. You can assert your right to counsel and to remain silent in the face of police questioning. A lawyer can help you make that decision in an educated way.
Answered on Jul 05th, 2011 at 11:20 AM
You have the right to remain silent and to have an attorney whenever you are questioned by law enforcement.
Answered on Jul 05th, 2011 at 11:07 AM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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Thank you for your inquiry. In short - yes, you should have an attorney. The basic right that you have which would perhaps stand in the way of releaseing the recording may be the 5th amendment. If any part of the tape could incriminate you in a criminal offense, make you an accessory, or make you a co-conspirator or otherwise, then, there may be grounds to keep from producing the recording. There are a host of other reasons why you may have to turn it over. Your best advice is to hire an attorney to represent you before it is too late, and they simply take it with a warrant. I hope that htis was helpful.
Answered on Jul 05th, 2011 at 11:01 AM
Michael J. Breczinski
Yes it is just as they say on TV, you have the right to remain silent. You do not have to give a statement. You should get an attorney first. There are many people in prison because they gave statements. If they had remained silent (AS IS THEIR RIGHT) then they would be free now. The police often want a statement because they need it to charge you with a crime. the police often don't have enough evidence to charge you with out your statement. Why help them put you in prison? and if they say they have evidence they are sometimes lying hoping that you will confess. Get an attorney!
Answered on Jul 01st, 2011 at 10:37 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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What can you do? The answer is: Hire an attorney, unless you know how to effectively represent yourself in court against a professional prosecutor intending to convict. No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in your defense, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. It also includes any communication or dealings with the store agents. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
Answered on Jul 01st, 2011 at 9:02 AM
Jacob P. Sartz
Yes, I would strongly recommend retaining a lawyer to assist you with this matter. What you say or do could be used against you in a subsequent criminal proceeding and a "break in" is usually charged as a serious felony. Even if you do not cooperate, there is still a good chance they may file charges anyway if they have enough other evidence against you. Most attorneys provide free initial consultations. It is certainly worth a few phone calls.
Answered on Jul 01st, 2011 at 9:02 AM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You should absolutely "lawyer up." You should NOT go talk to the police without a lawyer, and probably not at all. You have the absolute right to refuse to talk to the police at all - whether by phone or in person. You have the right to refuse to go the police department unless they have a warrant for your arrest. You have the right to refuse any searches unless they have a search warrant. You say you have been named in a police report which makes me think that you are a target of the investigation. If so, the police are not looking to exonerate you but to trap you and use your words against you.
Answered on Jun 30th, 2011 at 12:28 PM
You absolutely need a lawyer. You should NEVER speak to the police with your attorney present. And you should never volunteer to give a statement, lawyer or not!
Answered on Jun 30th, 2011 at 12:24 PM
Personal Injury Attorney serving Omaha, NE
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Chandler Conway, P.C., L.L.O.
It is always a good idea to speak to a lawyer before speaking with law enforcement.
Answered on Jun 30th, 2011 at 12:22 PM
Criminal Defense Attorney serving Roseville, CA
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Chastaine | Jones
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Based on what you said you are the victim. You can always hire a lawyer but, unless you are not telling me something important I'm not sure why you would need one.
Answered on Jun 30th, 2011 at 12:07 PM
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You have the absolute right to a lawyer and should not talk to the police without one.
Answered on Jun 30th, 2011 at 12:03 PM
Business Attorney serving North Andover, MA
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Law Offices of Andrew D. Myers
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Under the Fifth Amendment you have an absolute right to refrain from making any statements that could be self incriminating. Yes, you have a right to refuse to make a statement. Yes, you should retain counsel immediately to discuss all of your questions and concerns beyond this 2-3 line posting.
Answered on Jun 30th, 2011 at 12:01 PM
You have the right to remain silent, anything you say can and will be used against you, you have the right to attorney. If you cannot afford an attorney, one will be appointed for you. Yes, hire an attorney. Don't talk to the police and they cannot force you to talk to them.
Answered on Jun 30th, 2011 at 11:56 AM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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You never have to talk to the police. You always have the right to remain silent. Just keep in mind it could have consequences. You don't have to have a lawyer, but it wouldn't be a bad idea to talk with one beforehand and go over the case in detail. He will be able to give you a more specific answer as to how to proceed.
Answered on Jun 30th, 2011 at 11:49 AM
You should definitely seek advice of a qualified and experienced criminal defense lawyer before making ANY statements to law enforcement. Any statements you make can and will be used against you. A person's own statements are often the most damaging factor in any criminal case.
Answered on Jun 30th, 2011 at 11:41 AM
Criminal Law Attorney serving Lancaster, NH
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Harden Law Office
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You absolutely can refuse to speak with anyone, including the police. The exception is if driving you must produce license or registration upon demand. I frequently advise client's do not talk and you may walk.
Answered on Jun 30th, 2011 at 11:41 AM
William Guy Pontrello
Get a lawyer. remain silent.
Answered on Jun 30th, 2011 at 11:41 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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Absolutely yes! Say nothing and give no statements to the police without counsel.
Answered on Jun 30th, 2011 at 11:35 AM
Criminal Defense Attorney serving Montrose, NY
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Law Office of Jared Altman
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You do not have to cooperate. You can hire a lawyer if you want.
Answered on Jun 30th, 2011 at 11:33 AM
Simon Brian Purnell
Yes you can and should. If you are a suspect (and it sounds like you are) you are entitled to have a lawyer present and if you can't afford one, to have one appointed to you. Even if you are not a suspect, you never know what they are going to be asking about and it is always a good idea to have a lawyer present to discuss any questions that may come up during the interview.
Answered on Jun 30th, 2011 at 11:27 AM
Steven C. Bullock
With reference to the statement....Don't do it. Don't do it. DON'T DO IT. Can I make myself clearer?.....No, do not make any statement and talk to an attorney immediately. These are serious charges and can effect your life forever. Good luck.
Answered on Jun 30th, 2011 at 11:23 AM
Yes you should hire an attorney. You should only talk to the police with your attorney with you.
Answered on Jun 30th, 2011 at 11:20 AM
Criminal Law Attorney serving Los Angeles, CA
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Law Office of Edward J. Blum
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Yes. You should hire a lawyer. You should not speak to the police. If you feel like you should really speak to the police, still, don't talk to the police. If your lawyer tells you its okay to talk to the police, don't. Unless you are a lost six year old, the police are not your friends. They are not trying to help you. Good luck.
Answered on Jun 30th, 2011 at 11:17 AM
Criminal Law Attorney serving Worcester, MA
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Gregory Casale, Attorney at Law
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Yes you should absolutely hire an attorney and under no circumstances should you speak to the police without first speaking with an attorney, and probably not even after speaking with the attorney. I can't think of any situations in which I have advised a client to speak to the police. Their job is to gather evidence to convict, not to assist you. There is no incentive for you to speak with them and what they tell you cannot be relied upon. Hire an attorney. Their only purpose is to protect your rights and protect your freedom. Directly opposite the goal of the police. You need someone who represents you, not the Commonwealth to advise you.
Answered on Jun 30th, 2011 at 10:57 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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You dont have to make a statement. If you may have done something illegal, you should talk to a lawyer.
Answered on Jun 30th, 2011 at 10:54 AM
No comments, no answers, without counsel! They are looking for you to trip up and they will make a case against you.
Answered on Jun 30th, 2011 at 10:23 AM
Traffic DUI/OVI Attorney serving Dayton, OH
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Deal & Hooks, LLC
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You should definitely contact a lawyer before giving a statement to the police in a case where you are a suspect. It is your constitutional right to not give a statement, and it is your constitutional right to have a lawyer present if you are being questioned if you request it. You should contact an experienced criminal defense attorney promptly.
Answered on Jun 30th, 2011 at 10:20 AM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Never give a statement to the police without counsel! You need to retain counsel ASAP, because it is likely that you are going to be arrested. Give us a call to discuss retention of our office.
Answered on Jun 30th, 2011 at 10:20 AM