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Should I bring a lawyer with me to answer some questions in a possible ongoing investigation, should I be concerned?

San Diego, CA |

A year ago a family member was convicted of receiving stolen property amongst some other charges from the United States Navy. Recently I have received information that the lead detective in his case wishes to ask me some more questions so he can close the file, and wishes for me to come down to his office. This family member was not charged federally, but was band from the Navy Base and served a very short jail sentence. I lived with this person and had taking some of the materials (copper wiring) to a recycling center and used my name. I was under the impression he was given permission to have such material because of his position at work. He was a lead man for a company that repaired Navy ships. I was lied to, and once I had a suspicion he was taking this material without permission I stopped taking it for him.

In the orginal investigation I had already given them a statement as a witness. Why do they need more info?

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Attorney answers 13

Posted

First, you should NOT be talking in this much detail on a public forum. Second, you should NEVER speak to law enforcement without an attorney present. It's your Constitutional right not to. You should consult an experienced criminal defense attorney in your local who will assist you in this matter.

Posted

You simply tell the detective "Thanks but no thanks". You do not talk to them under ANY circumstances. By the time they are done with you, you will be admitting that you're Santa Claus, the Easter Bunny and the Tooth Fairy. The cops will lie to you, tell you they have evidence which they don't have and do everything in their power to get you to confess, short of beating a confession out of you. There is no way you are going to help yourself. The cops are trained to extract confessions and they are good at it. If you talk to them you will regret it - trust me. Instead, find a lawyer on AVVO that offers a free consultation and talk to them instead.

The information and legal suggestions made herein do not in any way create an attorney-client relationship. The responses provided herein discuss general principles of law and should not be relied upon by the asker in making legal decisions. Only an attorney who has met with the asker and fully reviewed the facts and circumstances of the asker's individual case should be relied upon for legal advice. If you find my suggestions helpful, please mark the appropriate box as helpful.

Posted

You should refrain from making any further statements to law enforcement. Instead, the best course of action is to hire a defense attorney to deal with the authorities. That way you can ensure law enforcement gets the information they may need to clear you without worrying about anything you say later being twisted around and used against you. Most defense attorneys in San Diego County provide free consultations, so you shouldn't hesitate to call and learn more about what can be done on yuour behalf.

Law Office of Andrew Limberg, APLC 380 S. Melrose Dr., #329 Vista, CA 92081 (760) 806-4381

Posted

Do not say anything- get an attorney !

Andrew Roberts (818) 597-0633/ (805) 496-7777

Posted

You have the right to remain silent...exercise that right!

Law Offices of Jay S. Finnecy (619) 855-3003 or (760) 522-7006 criminalattorneysd.com

Posted

Even in your case -- when you have not been arrested and they have not told you that you are a "suspect" -- you should politely decline their questions, as it is your constitutional right to do so. If you feel that you must talk to them, bring an attorney. If you cannot get an attorney before the interview, postpone the interview until you can get an attorney.

By answering this question, I am not entering into an attorney client relationship. This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. These answers are based on California Law. Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established by participating in this process. If a party is interested in retaining me, I would be happy to meet with them at my office. www.patriciamallebornlaw.com

Posted

Don't talk to anyone except a lawyer. End of story.

I will be happy to speak with you at no cost by phone if you have a San Diego or California matter. Call 619-238-1905 or visit my website at www.lawofficeofwilliamdaley.com

Posted

Never speak to anyone. Have an attorney present. If not, say you are not making any statements. Be polite.....but certain.

This reply should NOT be considered a legal opinion of your case / inquiry. At this time I do not have sufficient factual/legal documentation to give a complete answer to your question and there may be more to the issues you raised then I have set out in my brief reply

Posted

I agree with my colleagues. It is best not to say anything and consult a lawyer about this. Good luck

Posted

Without even reading the bulk of your post: YES, YES and YES!

Law Offices of David Shapiro 3555 4th Avenue San Diego, CA 92103 (619) 295-3555

Posted

Consult with an experienced criminal defense attorney first. Generally, it is always a good idea to have counsel present when speaking with law enforcement. The attorney may tell you should not speak with law enforcement. But if you do so, have counsel present. It should be counsel that deals with law enforcement and makes arrangements for you to speak or informs them that you will not speak. Good luck.

Posted

Yes and Yes. You should NEVER go answering questions without bringing a lawyer. And if you bring a lawyer, he/she should advise you to invoke your right against self-incrimination by remaining silent. Please note: the U.S. Supreme Court just ruled, in Salinas v. Texas, that a person's silence CAN be held against them UNLESS they explicitly invoke their right against self-incrimination. Whatever lawyer you find to help you with this, ask them if they're familiar with the holding in Sallinas v. Texas. If not, move on.
I would be concerned. The police NEVER want to talk to somebody in order to CLEAR them. That's not how they work. They want to make people BELIEVE that's what's up in order to get them relaxed in order to talk to them. I don't want to offer you specific advice about your case, but I would say as a very general proposition, people should NEVER talk to the police when they've had ANY connection to the criminal conduct. That means aiding/abetting, accessory before, during or after, co-conspirator, etc. If one can, in the worst possible light, fit into one of those boxes they should NOT answer questions.

The opinions rendered herein are based on general principles of law. Laws vary from jurisdiction to jurisdiction and there are often numerous factors which can render advice or an opinion inapplicable. You should NOT make any decisions about the handling of a legal matter without first directly consulting with an attorney about the particulars of your case.

Posted

Contact a reputable attorney. Never give a voluntary statement to the police without demanding to have your attorney present first. Any conversation may hurt your legal rights.

San Diego Criminal and Immigration Attorney - Anton Vialtsin. Call 619-357-6677 or visit www.DelicinoVialtsin.com The advice suggested here is for general information only and not to be construed as legal advice. I provide a FREE initial consultation at my office. My participation in Avvo's Questions & Answers does not establish an attorney-client relationship with me or my firm.