QUESTION
Do I need lawyer if I am questioned about a missing person?
Asked on Jun 08th, 2011 on Criminal Law - Florida
More details to this question:
I am being asked by the police of a missing friend. I was the last person he saw. What should I do?
26 ANSWERS
You certainly should make an appointment with and sit down with an attorney to discuss your options. You may also want an attorney present with you if and when you are questioned by the police.
Answered on Jul 11th, 2013 at 11:46 PM
Criminal Defense Attorney serving Santa Rosa, CA
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Michael T. Lynch
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Individuals are often approached by authorities to answer a few questions in order to assist them in their investigation. Just as often the individual questioned is the focus of that investigation. Regardless of involvement it would be prudent to seek counsel before considering if you should talk to authorities. If you decide to answer any questions make sure your attorney is present to assist. Innocent individuals will argue they will appear guilty if they hire an attorney before answering questions. Perhaps, but if they do not seek counsel then they will definitely be demonstrating their poor judgment.
Answered on Jun 13th, 2011 at 11:06 AM
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If you are a suspect, or possibly a suspect, you should get a lawyer. Some people feel that doing so may make you look guilty even though you aren't. However, many innocent people wish they had consulted a lawyer much earlier in the process. Do not make any statements to the police without a lawyer.
Answered on Jun 13th, 2011 at 10:48 AM
Criminal Attorney serving Bellingham, WA
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Andrew Subin Attorney at Law
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You do not need a lawyer if you have not done anything illegal.
Answered on Jun 13th, 2011 at 10:35 AM
Possibly. You could be a person of interest. More facts are needed.
Answered on Jun 13th, 2011 at 10:32 AM
Personal Injury Attorney serving New Orleans, LA
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Bloom Legal LLC
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If you have some reason to believe that the police are interested in you as a suspect then you may want to consider consulting an attorney and/or having one present before responding to police questions. If you did not have any involvement in your friend's disappearance, it may arouse suspicion, however, to have an attorney present. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page.
Answered on Jun 13th, 2011 at 10:04 AM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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You should definitely talk to a lawyer before you talk to the police. Your lawyer can provide the police with any information that they need.
Answered on Jun 13th, 2011 at 10:03 AM
Jacob P. Sartz
Yes, I would recommend consulting with a local criminal-defense attorney in your local area to assist you with this matter. You need specific legal advice for your particular circumstances. What you say at this stage could be used against you if you were ever ultimately charged in relation to the disappearance. Further, you may be required to be a witness in an eventual court proceeding. The police may request to interview you. I would recommend consulting with an experienced, local defense attorney to assist you with this matter. Charges may vary; however, most attorneys provide free initial consultations.
Answered on Jun 13th, 2011 at 9:36 AM
Theodore W. Robinson
While it's probably just a routine questioning, you may want to consult with a criminal defense lawyer just to be sure you're represented by counsel before speaking to the police again. Good luck.
Answered on Jun 13th, 2011 at 9:03 AM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in this now, or later when arrested, 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. 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 Jun 10th, 2011 at 3:29 PM
Police officers will frequently approach people they suspect of a crime in a consensual manner to allay any fears the person may have and to get them talking. You need not talk to the police. Hiring an attorney now allows you to say that you are currently represented by an attorney and that you demand he be present for any questioning.
Answered on Jun 10th, 2011 at 3:28 PM
Talk to a lawyer about it first. The conversation is 100% confidential. If you're completely honest with them, the lawyer can give you advice at the end about whether you should talk to the police or not.
Answered on Jun 10th, 2011 at 2:26 PM
Michael J. Breczinski
Is there any idea that the person is missing because of foul play? Do they think you did something illegal? You should talk with an attorney before making any statement to the police.
Answered on Jun 10th, 2011 at 1:36 PM
Appellate Practice Attorney serving Clinton Township, MI
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Thomas J. Tomko, Attorney at Law
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If you may make statements that incriminate yourself, then you may consider taking the 5th and not answering questions. Regardless, you are generally not compelled to answer any questions. Answering them could result in your statements being used against you. If you have real doubts, you should retain an attorney to go over the details in your situation. I hope that this was helpful.
Answered on Jun 10th, 2011 at 12:37 PM
The answer to your question really depends upon the circumstances of the disappearance, the circumstances of your relationship, and what information you possess. In nearly all cases involving a serious criminal investigation, you should privately and confidentially consult with a lawyer before talking with police. A missing person is a very serious investigation. The safest thing to do is have the lawyer act as a buffer between you and the police to help you decide whether to exercise your rights to "remain silent" and against "self incrimination."
Answered on Jun 10th, 2011 at 12:23 PM
You should never be talking to the police without an attorney present!
Answered on Jun 10th, 2011 at 12:18 PM
Every person has the right to represent themselves in legal proceedings. However, a lawyer can advise you of your rights and can offer advise even when it is just in the questioning stage.
Answered on Jun 10th, 2011 at 12:15 PM
Do not mess around with a situation that is as serious as this one could be. If the missing person turns up, for example, dead, you may be a person of interest in a homicide investigation. Even with no direct evidence, the police may seek to put together a case based upon only motive and opportunity. While I have no idea what the motive might be, you may already have given them your opportunity. Do not speak to the police. Do not talk to other people about how you are with that person recently. Speak to a lawyer, now.
Answered on Jun 10th, 2011 at 12:11 PM
Adoptions Attorney serving Lansing, MI
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Austin Legal Services, PLC
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It sounds like the police are just conducting an investigation. Since you were the last one to see this person, it's only natural they would want to make you a top priority for interviewing. No need to worry unless they charge you with a crime or you believe they are going to charge you with a crime. Then you absolutely need to seek out an attorney.
Answered on Jun 10th, 2011 at 12:06 PM
Drug Charges Attorney serving Houston, TX
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Cynthia Henley
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You should meet in person with a lawyer to talk about the situation as soon as possible and before talking with police. Be open and frank with the lawyer about the situation so that you can get advice you can depend on.
Answered on Jun 10th, 2011 at 12:06 PM
Personal Injury Attorney serving New York, NY
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Rothstein Law PLLC
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Get a lawyer. You are the prime suspect if you were the last person to see the person. You don't give any facts but you should consult with a lawyer before you see the police. They will use whatever you say against you and you don't know what evidence they have. Also, don't give a DNA sample without talking to a lawyer.
Answered on Jun 10th, 2011 at 12:05 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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Do not allow yourself to be questioned by the police without counsel! We can represent you.
Answered on Jun 10th, 2011 at 12:01 PM
Probate Attorney serving Sacramento, CA
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Law Office of Stephen Pearcy
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Nobody ever needs a lawyer when being questioned by police.
Answered on Jun 10th, 2011 at 11:56 AM
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No one should ever allow himself to be questioned by police without a lawyer present.
Answered on Jun 10th, 2011 at 11:55 AM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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If you have any reason to fear you would be charged, you should at least consult with a defense attorney.
Answered on Jun 10th, 2011 at 11:55 AM
Criminal Defense Attorney serving Orange, CA
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Law Office of Joe Dane
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You could be anything from a witness with information to a suspect in a murder. Until you know and only after consulting with a criminal defense attorney, Do not say anything to the police. Sit down face to face with a criminal defense attorney ASAP.
Answered on Jun 10th, 2011 at 11:55 AM