What to do if my friend was intoxicated and stole a bottle from a bar and ran, however while they don’t know his last name they do know his cell phone number?

Now an officer wants him to go into the station to explain himself even though he doesn’t remember anything. Should he just say that he needs to talk to a lawyer or will they still pursue him?

Asked on August 21, 2014 under Criminal Law, Pennsylvania

Answers:

Richard Southard / Law Office of Richard Southard

Answered 6 years ago | Contributor

Rule #1... THE POLICE LIE

I just had a detective call my clients' family and tell him they wanted him to come in as a witness to an accident and they swore he was not in any trouble.  They were smart enough to retain me to deal with the detective.  When I called, the client had an arrest warrant for an A1 felony. The police want you to come in voluntarily without a lawyer so they can interrogate you without reading your your rights and without having an attorney present.  You should NOT make ANY statements without a lawyer.  

Only two possible scenarios exist.  1) They already believe they have probable cause to arrest him and they are just trying to get extra evidence in a confession/admission. The end result is he is going to be arrested in this scenario no matter what he says or even if he stays silent.  2) They don't have enough evidence and are seeking a confession/admission so that they can arrest him.  In this scenario you can only hurt yourself by making a statement because something you say may be used against you. 

Bottom Line: Hire an attorney with a good reputation - A skilled advocate can protect your rights, put forth your defense without fear of having statements be used against you at a later time, arrange your voluntary surrender if necessary, which could lead to lower or no bail being set,  and in some cases if the evidence is really weak, the police may think twice about even arresting you at all.


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