03/18/2021
Should you talk to law enforcement officers without your attorney present?
If you are a suspect in a crime or a witness that knows the potential suspects in a crime, do not speak to law enforcement officers before hiring an attorney and having him or her present at any questioning your attorney agrees that you may participate in.
Too many people think that if they explain themselves to law enforcement officers, they will be able to clear themselves from being considered a suspect. Nothing is further from the truth. Normally, what you say can easily be misinterpreted and used against you.
Be extremely careful when a law enforcement officer asks you to answer their questions and informs you they are merely trying to help you clear your name or tells you that you are hiding something and will appear “guilty” if you refuse to answer their questions without your lawyer present.
I have seen witnesses charged as co-conspirators or accessories before and/or after the fact of the alleged crime simply based on their knowledge of the facts, even though they did not actually participate in the crime.
The best way to protect your legal rights and freedom if you are ever a suspect or a witness that knows the suspects of a crime, is to avoid speaking with law enforcement officers without your lawyer present. Before your lawyer arrives, you should only provide your identification to law enforcement officers and advise them that you have nothing further to say without your lawyer present.
You should actually not speak about the matter to anyone, including friends or family, as they can be subpoenaed to testify in court as to what you told them. The best advice I can offer is to hire an attorney and discuss the matter only with such attorney.
Of course, if you are a witness to an accident and you were not part of the accident and don’t know the parties involved, you should provide law enforcement with the facts as you personally observed them.
If you have further questions, feel free to take advantage of a free one hour consultation with our firm.