Am I allowed to consult a lawyer before turning in a written statement?

Asked about 1 year ago - Decatur, MI

My boyfriend and I had a misunderstanding which led to him being arrested. The police are trying to build a fast case against him but neither of us have turned in our written statements yet, the police gave me the paperwork to yesterday and they called today to request to meet with my boyfriend alone to get his only he hasn't even had a chance to speak with a lawyer and he was never read his rights. Right now we just want the police to understand this was a misunderstanding, what happened wasn't what really happened and I was under mental duress at the time I was questioned.

Additional information

I never called the police on him, I was very insistent that I did not want the police involved but the hospital called them. I had thought that my nose was broken during our misunderstanding but the doctor told me it was likely an older injury. I told the police I did not want to press charges that I knew my boyfriend wasn't the result of my injury. The officer told me Ok, and then asked me what led up to then. After I told him he said it wasn't up to me it was up to him. He told me he was going to talk to my boyfriend but said most likely nothing would happen. They told my boyfriend I had changed my story several times which led them to believe I was protecting him (which in reality I hadn't eaten in over 36 hours and my mind was very foggy). They arrested him and charged him with domestic assault. He was released the next day on a no confrontation bond. He was arrested on Friday and now it's Sunday, they want my written statement by 7pm and they told him they want to meet with him privately to get his.

Attorney answers (5)

  1. Patricia A. Reiser

    Contributor Level 8

    10

    Lawyers agree

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    Answered . Your boyfriend is under no obligation to talk to the police, either verbally or in a written statement. In fact, he should not talk to the police without the advice of counsel. It does not matter whether the police advised him of his rights--he has them, whether or not he was advised. As for you, were you the one who called the police? Did you already make some kind of statement? You need to be careful about making any statement because if you contacted the police and made a false report and are saying you now wish to retract that, you are opening yourself up to criminal liability (filing a false police report). It sounds like the police may not have enough evidence at this point to have charges brought. It sounds like you answered at least some police questions. Without knowing exactly what was asked and what you said, it is hard to say whether or not you should make any additional statement to the police. You don't have to say anything to them, and should seek more specific advice before deciding. Best wishes to you.

  2. Becket J. Jones

    Pro

    Contributor Level 14

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    Answered . He shouldn't talk to the cops without an attorney present, nor is he required to.

    They don't have to read him his rights unless he is questioned while in custody. They will tell him he is free to leave at anytime if/when he arrives voluntarily or they will read him Miranda and ask him to waive his rights.

    Again he doesn't ever have to talk to the cops, nor should he talk. He doesn't even need to go to the cop shop. He should contact an attorney.

    An Attorney-Client relationship has not been established. Becket J. Jones is not your attorney.
  3. D. Chipman Venie

    Contributor Level 8

    8

    Lawyers agree

    Answered . DO NOT turn in any written statements, UNLESS you want them used against you. Try to imagine that everything you say or write is going to be blasted in court at full volume for everyone to hear. No one has a duty to make a statement to police and those who are being targetted by police have a right to remain silent and not furnish a link in the chain of evidence against him. Both you and your boyfriend should exercise your right to remain silent. If this is a domestic violence case and you are the alleged victim, I can help get the case possibly DISMISSED if you are ready to help.
    Under NO circumstances should your boyfriend speak to them. They are trying to convict him.
    Freedom Law Center, Chip Venie, 505 766 9000, chipesq@hotmail.com

  4. Frank Mascagni III

    Contributor Level 20

    8

    Lawyers agree

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    Answered . Do not speak with the police without counsel. Hire an attorney ASAP and let the attorney respond to the police not you.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more
  5. Cy M. Abdo

    Pro

    Contributor Level 13

    5

    Lawyers agree

    Answered . I have added a link below which is a lecture video on You Tube entitled, Don't Talk to the Police. It is quite informative. I have shard this with my own clients on several occasions. You will be convinced after watching this lecture.

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