when making a statement to the police should i have an attorney

For this reason, you should always consult with an attorney before agreeing to give any kind of statement. An attorney will often be able to verify that the police have obtained a warrant and arrange for you to turn yourself in so that there are no dangerous incidents with the police.

Full Answer

What do the police do before making a statement?

Before making any statement, the officer will ask questions to find out exactly what happened. When police are investigating a crime, they will record statements made by witnesses. If you're aware of a crime and want to make a statement, you can contact police:

Should I talk to the police without a lawyer?

Even if you believe you can clear yourself of the charges, you should never talk to the police without consulting a lawyer. The police will try to manipulate your words and cast doubt on your story. Speak to an experienced criminal defense lawyer before making any statements.

Should I give a statement in my criminal case?

The problem is that if you are going to give a statement, giving a recorded statement on your terms is the golden standard: it is what a trial is all about. The criminal defense lawyers | attorneys in our office have handled an enormous number of complicated cases in the criminal arena over the course of our lengthy criminal law careers.

Do I need a lawyer or police report?

Generally, police handle criminal matters. If a person is facing a civil matter, such as being sued, having a dispute with a neighbor or going through divorce, he or she likely will wish to contact a lawyer.

What information should you give to police when making a statement?

What is a statement to the police?

What do police do when investigating a crime?

What to do if something is not right with police?

Can you record a video of yourself being intimidated?

Do police officers discuss evidence before interview?

Who will explain how it's done before the recording begins?

See 4 more

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Do you have to give a statement to the police? — Digital Spy

There was some trouble between my friends last night and one of them called the police saying she had been assaulted, when the police came they arrested him for suspicion of drink driving.

How to complete a witness statement - GOV.UK

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Giving a witness statement to the police – what happens next? - GOV.UK

6 Will I have to go to court? You will only have to go to court if the defendant: denies the charge and pleads ‘not guilty’;or pleads guilty but denies an important part of the offence which might affect the type of sentence he or she receives. If you are asked to go to court,the prosecution and defence

You've given a witness statement to the police - Citizens Advice

The police will ask you to explain what you saw, either in writing or on video - this is your witness statement. They’ll ask you to sign it to say it’s true. People involved with the case - for example lawyers or the judge, will read or watch your witness statement. They might also use it as ...

What to do if someone commits a crime?

If an individual has committed a crime, helped someone else commit a crime or believes that he or she may bare some criminal culpability, he or she should contact a lawyer before talking to the police. The lawyer can help advise the client about the next steps that he or she should take if the client wants to confess to the crime.

What is the duty of law enforcement?

Law enforcement’s duty is to protect the public. If another person has been assaulted, murdered, robbed or otherwise physically injured because of the conduct of another person, law enforcement will likely begin a criminal investigation.

What can a lawyer do to help a client?

The lawyer can help advise the client about the next steps that he or she should take if the client wants to confess to the crime. If the client wants to protect his or her freedom, the lawyer may give specific advice to help accomplish this goal, such as not contacting the police or talking to them without the presence of his or her lawyer. ...

What does it mean to be a lawyer?

If an individual is not aware of his or her rights in any particular instance, a lawyer can help explain the individual’s rights to him or her. This allows the individual to have a better understanding of his or her options when facing a difficult situation.

Can a lawyer negotiate a plea agreement?

Additionally, a lawyer may be able to negotiate a plea agreement if a crime is involved. If the individual knows particular information that may assist the authorities, the lawyer may be able to negotiate immunity for the client. Provided by HG.org. Read more on this legal issue.

Is it a good idea to make a police report?

Making a police report can be a serious step that some people may prefer to avoid. On the other hand, speaking to a lawyer may not always be the first advised step. Being sure whether to contact the police or a lawyer can help individuals protect their legal rights.

Who must report abuse?

There may be a special hotline that a doctor, teacher or psychologist must report the abuse, or the relevant statute may indicate that any communication with law enforcement will satisfy this obligation. Individuals may also be required to report a crime if they have a special relationship with the victim, such as spouses or parents and children.

Why shouldn't you talk to the police?

Why You Shouldn't Talk To The Police. There are four primary reasons you should refuse to give a statement. Hearsay rules - The rules of evidence guarantee that you can only hurt yourself by talking to the police.

Why do police use contradictions in trial?

The prosecution will use these contradictions at trial to argue that you were hiding something from the police. Risk of a false confession - Interrogation is a science, and many police officers are extremely good at it. They will make you want to confess even if you did nothing wrong.

Why are inmates wrongfully convicted?

Many inmates who have been proven innocent by DNA evidence and released from prison were wrongfully convicted because they confessed to a crime they did not commit. Avoid this manipulation by refusing to make a statement.

How to clear yourself of charges?

Ask To Speak To A Lawyer. Even if you believe you can clear yourself of the charges, you should never talk to the police without consulting a lawyer. The police will try to manipulate your words and cast doubt on your story. Speak to an experienced criminal defense lawyer before making any statements.

Can you testify about your innocence in court?

If you give a convincing explanation of your innocence, your statement will be considered hearsay, and no one can testify about it in court. However, there is an exception to the hearsay rule called an admission by a party opponent.

Do police have the power to offer you a deal?

Better to talk to the prosecutor - The police do not have the power to offer you a deal. The prosecutor's office makes recommendations on sentencing, not the police department. Anything you want to say the police will do more good if you wait to say it to the prosecutor assigned to your case.

Do law enforcement officials want to close your case?

Law enforcement officials are not interested in protecting your rights. They just want to close their case and put you in jail. While you cannot talk your way out of trouble by making a statement, you can destroy your chances of winning at trial.

What information should you give to police when making a statement?

Information needed in your statement. When making a statement you should tell the police as much information about the offence as you can. This includes: descriptions or names of anyone involved or witnesses to the crime. the registration number of any vehicles that were at the place when the crime happened, even if they were not involved ...

What is a statement to the police?

Giving a statement to the police. A statement is a written or in certain circumstances a video-recorded account of what happened. A statement can be used as evidence in court. Before making any statement, the officer will ask questions to find out exactly what happened.

What do police do when investigating a crime?

When police are investigating a crime, they will record statements made by witnesses. If you're aware of a crime and want to make a statement, you can contact police: in an emergency, by telephoning 999 - It's an emergency where a serious injury was caused or a crime is happening and the suspects are at or near the scene. ...

What to do if something is not right with police?

If something is not right, tell the police officer so that they can change it. It is very important to do this, even if you feel nervous about doing it, as it could affect the investigation.

Can you record a video of yourself being intimidated?

In some cases, if the police believe you to be ‘vulnerable’ or ‘intimidated’ as defined by law, you can make a video recorded statement instead of a written statement.

Do police officers discuss evidence before interview?

The police officer will not discuss the evidence that you are going to give before the interview is recorded. This is to make sure that you give the most accurate description of what you saw or know.

Who will explain how it's done before the recording begins?

The police officer who is carrying out the interview will explain how it’s done before the recording begins. If you are a young person making a video recorded statement, a supporter will be with you during the interview. The police officer will not discuss the evidence that you are going to give before the interview is recorded.

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Is it a good idea to never give a statement?

While some people believe that never giving a statement is a good idea, this is not always true. There are situations in which you will be well served by giving your side of the story, speaking with police, and doing your best to explain what happened.

Can the police tell you to make a statement?

Don’t let the police tell you that you have to make a statement. This is not the law in the United States. You have the right to refuse, stating that you would first like to consult with an attorney.

Do you have to provide a statement to the police?

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.

Should I have an attorney to turn over a recording?

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.

Should I speak to a police officer?

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.

Can you have a lawyer present for a police interview?

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.

Can you refuse to talk to police?

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.

Do you have to talk to the police?

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.

Can you hire an attorney if you can't afford it?

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.

What are some examples of situations where the courts have determined the suspect was not in custody and therefore did not have to be?

Some examples of situation where the courts have determine the suspect was not in custody and therefore did not have to be read Miranda warnings include: (1) when a suspect voluntarily drove himself to the police station after police asked to interview him after being told he was not under arrest, (2) suspect rode in front seat of car and was not handcuffed and was taken home after the interview, the court determined the defendant was not in custody, and (3) suspect was not in custody where he voluntarily accompanied officers to police station, had previous experience with the law, was friends with one of the officers, and requested to see his girlfriend before he was arrest.

What does it mean when a detective wants to meet with you?

A detective wants to meet with me, police want me to make a statement, the police called me in for questioning;these are just some of the questions we often get from individuals under investigation. Or possibly you have already had that meeting and made a statement you now need to know the implications of. This article will take a look at confessions, the protections the US and Indiana Constitutions provide, and the different scenarios you may find yourself in.

What to say to a detective who asks you to make a statement?

So in closing, if Detective Lockemup ever calls you asking you to make a statement, simply tell him, “sorry detective but I have talked to an attorney and I have been advised that it is not in my best interest to make any statement.” That's how you do yourself a favor. That's how you exercise your 5th Amendment Right Not Incriminate Yourself (say something to police that could get you in trouble). Always remember, "Silence Cannot Be Misquoted!"

Why do police arrest people?

This really isn't rocket science: When police have a reason to arrest someone because a crime has been committed, they make the arrest. Especially when the police are committed to locking you up. If they want to talk to you, it probably means they don't have enough info to arrest you.

What happens if you confess to a crime?

If you voluntarily confess to a crime to the police on the front end, there is no incentive for the State to offer you anything for pleading guilty later. So if you must confess, wait until you have an attorney to assist you, so that your attorney can negotiate for you and get some benefit in return for your confession. This could mean that you save yourself time and money because you got a good deal in exchange for pleading guilty.

Can you use a statement against you?

Even if you talk to the police and manage not to make any incriminating statements, your statement can sometimes be used against you anyway when used along with other facts or circumstances that together strengthen the State's case against you.

What information should you give to police when making a statement?

Information needed in your statement. When making a statement you should tell the police as much information about the offence as you can. This includes: descriptions or names of anyone involved or witnesses to the crime. the registration number of any vehicles that were at the place when the crime happened, even if they were not involved ...

What is a statement to the police?

Giving a statement to the police. A statement is a written or in certain circumstances a video-recorded account of what happened. A statement can be used as evidence in court. Before making any statement, the officer will ask questions to find out exactly what happened.

What do police do when investigating a crime?

When police are investigating a crime, they will record statements made by witnesses. If you're aware of a crime and want to make a statement, you can contact police: in an emergency, by telephoning 999 - It's an emergency where a serious injury was caused or a crime is happening and the suspects are at or near the scene. ...

What to do if something is not right with police?

If something is not right, tell the police officer so that they can change it. It is very important to do this, even if you feel nervous about doing it, as it could affect the investigation.

Can you record a video of yourself being intimidated?

In some cases, if the police believe you to be ‘vulnerable’ or ‘intimidated’ as defined by law, you can make a video recorded statement instead of a written statement.

Do police officers discuss evidence before interview?

The police officer will not discuss the evidence that you are going to give before the interview is recorded. This is to make sure that you give the most accurate description of what you saw or know.

Who will explain how it's done before the recording begins?

The police officer who is carrying out the interview will explain how it’s done before the recording begins. If you are a young person making a video recorded statement, a supporter will be with you during the interview. The police officer will not discuss the evidence that you are going to give before the interview is recorded.