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

UPDATED: Nov 16, 2012

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

Asked on November 16, 2012 under Criminal Law, Ohio


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

Answered 10 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.    

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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