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My grandson's attorney is telling him to talk to the state investigator without her present. Is this good advice?

Pinellas Park, FL |

He is charged with assault , pleading not guilty. Event happened June of 2012, 2 co defendents who have already pleaded guilty. My grandson has never been questioned by anyone. Was not arrested until april of this year. Sitting in max security and still no one has talked to him. told pretrial middle of June. How long can he be held without any action. His paid attorney does not seem to be doing anything.

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Attorney answers 9


You have asked very good and pointed questions. However, without more information about the case and your grandson it will it will be difficult to provide you with meaningful answers. If you have hired an attorney, I suggest that you call the attorney and schedule an appointment to sit down and discuss the case strategy with him/her.


I can't think of a scenario where I would advise a client to talk to a police investigator without me being present. I have heard too many stories of defendants making statements against their interest when speak with a skilled investigator/interviewer.

As to the the time to be held without action the Florida Rules of Criminal Procudure Rule 3.134. Time for Filing Formal Charges says:

The state shall file formal charges on defendants in custody by information, or indictment, or in the case of alleged misdemeanors by whatever documents constitute a formal charge, within 30 days from the date on which defendants are arrested or from the date of the service of capiases upon them. If the defendants remain uncharged, the court on the 30th day and with notice to
the state shall:
(1) Order that the defendants automatically be released on their own recognizance on the 33rd day unless the state files formal charges by that date;
(2) If good cause is shown by the state, order that the defendants automatically be released on their own recognizance on the 40th day unless the state files formal charges by that date. In no event shall any defendants remain in custody beyond 40 days unless they have been formally charged with a crime.

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I can't think of anytime I've ever told a client, I'm so glad you talked to the police. I have never advised and would never advise my client to talk to police under any circumstances short of immunity. No good ever comes from talking to them, and if he refuses to talk to them, no bad can happen.

Talk to his lawyer and see if he will discuss his strategy. If not, you and your son may want to consult with another attorney.

Responding to questions on AVVO does not establish an attorney-client relationship between the questioner and any attorney associated with Garrett Law Group, PLC. Responses should be considered and used for informational purposes only. Every case is unique in its facts, and all legal matters should be discussed with a licensed attorney prior to making any decisions or taking any actions.


No! Get another attorney. No good can come of talking to the cops without the attorney present.


I would never advise a client to talk to the police without me being present. Either you are getting incorrect info or this may be an inexperienced lawyer. .

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Bad idea. |

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No the attorney is absolutely wrong. More importantly, he's charged with assault and he's still not been bonded out? In jail right now he's a sitting duck. If two codefendants have already plead out then I'm sure the state is sitting back accumulating evidence based on his recorded jail calls. He's entitled to a reasonable bond if he's charged with assault and meets certain common criteria. Hire a defense attorney to get him out now, pending trial. And do NOT talk to investigators without an attorney present.


It is so ludicrous that I wonder if your grandson has the story straight, because no criminal defense lawyer that I know would allow a defendant to talk to police under virtually any circumstances with the possible exception of a "proffer agreement," in which case you have a deal for immunity up front with the prosecutor and it's all done under oath in front of a court reporter. The only other possible exception is if your grandson is auditioning for a role as a confidential informant, which is dangerous business and his lawyer ought to be involved in that discussion ahead of time. So I would doubt very much if a lawyer has told your grandson to do this, but if he has, I would question that advice very closely and probably have a talk with the lawyer about what he's thinking before agreeing to talk. There is usually little or nothing to be gained by talking to police, and most every criminal defense lawyer knows that all too well.


Seems very odd advise. Perhaps there are some facts missing from this post that you are not aware of.

Consider new counsel.

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