Should I talk to detective regarding a drug possession arrest without lawyer present?

Asked on November 16, 2012 under Criminal Law, Ohio

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

It's not clear from your question, whether or not you were the one arrested. If you were you would have been read your rights. One of which is the right to counsel. If you speak to the police without an attorney after you have been Mirandized, then you will have been deemed to have waived that right and anything you say may be used against you. So do not talk to the police without legal representation.

If you were not the not arrested and the police want to question you about the crime in question, again, you should seek legal counsel. The fact is that you are not under any obligation meet with the police and speak with them (even if they come to ouor home). You could unintentionally say something incriminating about yourself or someone else regarding the incident under investigation. 

Bottom line, allowing the police to question you without your having legal representation is to their benefit. They will try to get you to implicate yourself. So no matter how friendly they may appear or, conversely, no matter how intimidating they seem, do not meet with them without an attorney being present.    


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