Legal Question in Criminal Law in California

in your answer re; i was shopping in a department store..

you said to tell the police that I want to talk with a lawyer first, will I be arrested when I talk with them?


Asked on 4/20/09, 3:26 pm

2 Answers from Attorneys

Joe Dane Law Office of Joe Dane

Re: in your answer re; i was shopping in a department store..

Will you be arrested for talking to a lawyer? No.

Will the police arrest you simply for asking to talk to a lawyer? No, unless they already have enough evidence to arrest you anyway.

If they're going to arrest you, they're going to arrest you. My comments were to advise you not to make a statement to them. Trust me - there's no way it can help.

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Answered on 4/20/09, 3:34 pm
Deirdre O'Connor Law Offices of Deirdre O'Connor

Re: in your answer re; i was shopping in a department store..

I agree with Mr. Dane - talk to a lawyer, not the police. Let your lawyer speak to the police and the lost prevention people if need be.

How bad it is will depend on what the security guards are alleging and whether they can back it up with proof. Not to scare you, but if, for instance, the guards say you used force to get away, you could be looking at a robbery charge. Don't make the mistake of thinking you can sort this out without a lawyer.

Ideally, you would want your lawyer working on this case ASAP. If you can't afford to hire a private lawyer unless and until charges are actually filed, then just lay low until then and whatever you do, DO NOT speak to the police!

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Answered on 4/21/09, 1:21 am


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