QUESTION
Do they have to have a warrant before questioning me?
Asked on Sep 08th, 2012 on Criminal Law - Massachusetts
More details to this question:
A person I know is suing the company I work for and texted me to tell me to expect an investigator to call or visit me at my home. I do not want to get involved but they think that I may have heard something that will help their case. Do they have to provide me with an attorney?
21 ANSWERS
Leonard A. Kaanta
No.
Answered on May 22nd, 2013 at 3:40 AM
Bankruptcy Attorney serving Santa Ana, CA
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Law Offices of David L. Smith
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No.
Answered on May 22nd, 2013 at 3:39 AM
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Unless you are being arrested, the police do not need a warrant to "talk" to you and they do not need to provide you with an attorney. You can also refuse to talk to the police. If you believe that you are also being investigated for a crime or as an accessory, I strongly suggest that you contact an experienced criminal law attorney for a face-to-face consultation and give him/her all of the facts surrounding your situtation. He/she would then be in a better position to analyze your case and advise you of your options.
Answered on Sep 19th, 2012 at 9:56 PM
Criminal Law Attorney serving Fremont, CA
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Steven J. Alpers, A Professional Corporation
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If this is a civil matter and you are not suspected of having committed a criminal offense, you can be questioned, but you do not have to answer questions. Talk to a lawyer.
Answered on Sep 17th, 2012 at 7:23 PM
Criminal Defense Attorney serving Pittsburgh, PA
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Law Office of Jeffrey L. Pollock
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You can politely decline to answer questions unless a Subpoena is served upon you. No atty. needs to be supplied, but it would not hurt to request that they provide one.
Answered on Sep 17th, 2012 at 2:54 PM
Sounds like a question in civil law not criminal but I believe you are not under criminal investigation so you are not entitled to an attorney. You do not have to speak with the investigator, however.
Answered on Sep 17th, 2012 at 2:52 PM
Transportation Attorney serving Mamaroneck, NY
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Palumbo & Associates, PC
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No, but you should never allow yourself to be questioned by the police merely say "I am asserting my 5th amendment rights to not speak and I want an attorney." Just repeat that and "am I free to go" over and over.
Answered on Sep 16th, 2012 at 2:56 PM
If you DON'T WANT TO TALK they CANNOT FORCE YOU. Simply state that you do not wish to talk then SHUT UP. Do not play word games with the cops as they'll win.
Answered on Sep 16th, 2012 at 2:55 PM
Wrongful Termination Attorney serving Huntington Beach, CA
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Nelson & Lawless
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Do they have to have a warrant? Of course not. Do they have to provide me with an attorney? If you are sued or involved as a witness in litigation against your company, they generally should provide for your legal defense as part of theirs, unless the company accuses you of wrongdoing. In that case, you are on your own. Contact your company HR and inquire if they will provide your legal defense.
Answered on Sep 16th, 2012 at 2:48 PM
They don't need a warrant, just a person stupid enough to agree to talk without an attorney present!
Answered on Sep 16th, 2012 at 2:40 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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No they do not need a warrant to speak with you. You are free to decline. However, the person wanting to speak with you, if they believe that you have inbformation, can obtain a court subpoena requiring you to speak.
Answered on Sep 16th, 2012 at 2:09 PM
Criminal Defense Attorney serving McKinleyville, CA
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Law Office M. C. Bruce
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You don't have to cooperate with any investigation whatsoever, period. Even if the cops called and asked you to give a statement, you are entitled to tell them to go fish. Certainly on a civil investigation, you have no duty whatsoever.
Answered on Sep 16th, 2012 at 1:51 PM
No, they do not have to have a warrant. No, they do not have to provide you with an attorney. If you get an attorney, they cannot talk to you without your attorney present. But if you are unrepresented, they can talk to you.
Answered on Sep 16th, 2012 at 1:43 PM
Thomas Edward Gates
They police does not need a warrant to talk to you. They do not have to provide you with an attorney. If you did not do anything wrong or held in the crime, you should not be afraid to talk to the investigator. Remember, however, that any thing you say can be used against you.
Answered on Sep 16th, 2012 at 1:28 PM
Small Businesses Attorney serving Livonia, MI
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Klisz Law Office, PLLC
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No, it's a civil case and you are a witness. You can cooperate or not. You can also hire your own attorney if you want.
Answered on Sep 16th, 2012 at 1:14 PM
Michael J. Breczinski
It sounds like a civil suit and a private investigator. You do not have to talk to them.
Answered on Sep 16th, 2012 at 1:10 PM
Steven D. Dunnings
Not unless you are arrested.
Answered on Sep 16th, 2012 at 1:09 PM
Workers Compensation Law Attorney serving Sacramento, CA
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Ernest Krause Attorney at Law
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This is not a criminal matter. You can tell the investigator you will say nothing. You don't have to give a reason.
Answered on Sep 16th, 2012 at 12:42 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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No, but you are not required to speak with them or cooperate unless they subpoena.
Answered on Sep 16th, 2012 at 12:30 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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A warrant is not necessary for questioning. You should neve speak with the cops without an attorney being present, or even then. Just tell them you refuse to answer any questions. They are probably trying to tie up a few loose ends in the case and want to get a confession from you. Do not answer any questions. If they have enough facts to arrest you, they will. Then get an attorney.
Answered on Sep 16th, 2012 at 12:22 PM
You do not have to testify or cooperate unless a subpoena is served upon you. Court-appointed counsel is only available to criminal defendants and, in some cases, in family law matters. You will have to retain your own counsel. Depending on the nature of the situation, your employer may provide you with counsel.
Answered on Sep 16th, 2012 at 12:20 PM