I told him that I wanted to seek counsel first before speaking with him, and I wanted to make sure that was the right thing to do before answering anything. I haven't spoken with an attorney yet, but I was planning on telling the detective that I have been advised not to comment on this matter. Is this the right plan initially?
The right plan is to contact a criminal defense attorney! Te charges are very serious. Get legal counsel as soon as possible.
You are not required to speak to any law enforcement officer. They are not your friend...no matter what they say.
Hire an attorney.
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Do not speak to the police no matter what. It will never help, and will always hurt. Hire an attorney. You obviously haven't been charged yet, but there is a real likelihood you will be. Hire an attorney now in order to get out in front of this.
Criminal Defense Attorney
It is the right plan. Don't say anything. Tell them you will not speak to them. If they charge you, hire an attorney.
I agree with what has been offered already but wish to add my caution. You advising the detective that you consulted an attorney who advised you not to discuss the matter. Is not the best approach. More than telling the detective that you've been so advised, consult with an attorney (you're gonna need one) and have the attorney communicate that message to the detective. The only reliable way to make sure you are not in a position where you say something you will later regret or the detective claims you said something you didn't say is to have counsel insert himself/herself between you and the officers who want you to help them. Any other course of action is a recipe for disaster. You need to do it now.
DUI / DWI Attorney
As my colleagues have all stated, you absolutely should not speak with anyone about this matter, especially law enforcement. The only person you should discuss this situation with is a competent and experienced criminal defense attorney, who you should retain immediately. Detectives who contact you are simply doing there job, and that is to find evidence to be used in a prosecution. They are trained to elicit information from people they suspect of a crime, so you do not want to give them any opportunity to do so. And once they know you have an attorney, they won't call you anymore.
Speeding / Traffic Ticket Lawyer
What the detective means by "wanting to hear your side of the story" is that he would like you to call up and give him the evidence that he needs to arrest you. Whether you are guilty or innocent, there is absolutely no benefit in talking to the detective yourself. Hire an attorney, discuss all of the facts with your attorney and follow your attorneys advice on how to handle this. In the meantime if you're contacted by the detective remember these words "I want my attorney." This may not stop you from getting arrested, but it may keep you out of prison.
Scott W Lawrence
Law Office of Scott Lawrence, PLLC
You need the advice of an attorney before you contact the police at all, period. My advice is that you not even call to say you're not saying anything.
An attorney consultation won't cost you that much.
JensenLegal.com (206) 617-9173
You have already had numerous good lawyers tell you that you should not discuss this with the detective or anyone other than your lawyer. See the link below on talking with the police. Watch the videos.
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I am an experienced Wisconsin criminal defense lawyer practicing in Madison (Dane County) Wisconsin. The laws in each jurisdiction can be very different. I cannot give legal advice over the Internet nor can I establish an attorney client relationship with you.
If something I say disagrees with what your own lawyer is telling you, you should rely on your lawyer who is familiar with you, your entire case, the local courts and practices.
Most questions are just better handled by an attorney familiar with the procedures of the courts in your area. Few, if any, legal matters should be handled via Internet communication. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services.
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Confidential information should not be disclosed in this Internet forum. Click on the "More..." link for IMPORTANT INFORMATION about this AVVO Answer. . . . . . . . . . . . . . . . . . . . . . . . . . . . I am an experienced Wisconsin lawyer. The laws in each jurisdiction can be very different. I cannot give legal advice over the internet nor can I establish an attorney client relationship with you. You should NOT assume or otherwise conclude that there is an attorney -client relationship between any reader and this writer or his firm. These comments are only guideposts. They are not subject to any privilege protections. Indeed, these internet communications are neither privileged nor confidential. Accordingly, those using this form of communication need to be guarded in what they write. Because of the nature of these communications the information is general only and should not be relied upon in any specific case. This internet site is public forum, where the communications are not confidential or privileged. There may very well be merit to your defense or position in this type of situation. However, there are hardly sufficient details for an attorney to provide you with some path to follow. It is imperative that ALL of the facts in a particular situation be examined. No conclusion can be drawn from the communication that you have provided. There are some matters that are just better handled by an attorney familiar with the procedures of the courts in your area. Most, if not all, legal matters should not be handled via internet communication. At best, the responders on this site can give you a few hints and guidance. To deal with a legal problem, nothing is better than to consult with a lawyer who will give you some time and advice. If you cannot afford an attorney, there should be agencies in your area that can provide discounted, or even free, legal services. For a definitive answer you should seek legal advice from an attorney who (1) is licensed to practice in the state which has jurisdiction; (2) has experience in the area of law you are asking about, and (3) has been retained as your attorney for representation or consultation. Your question and the attorney’s answer may be used for promotional or educational purposes.