When being questioned by the police about a crime my spouse was accused of, should I have a lawyer present?

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When being questioned by the police about a crime my spouse was accused of, should I have a lawyer present?

Also, can he report that I am unwilling to cooperate if I tell him I would prefer to have a lawyer present at the time of questioning?

Asked on January 13, 2015 under Criminal Law, Florida

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

There is a difference between being unwilling to cooperate and cooperating with the advice of legal counsel.  A BIG difference.  There is nothing wrong with consulting with and having an attorney present. Make sure that you discuss the spousal privilege with the attorney and if your circumstance allows you to invoke it or if it is excluded.


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