Legal Question in Criminal Law in California

do i need representation in a police interview??

false accusation of inappropriate conduct with a minor from an incident that happened approx about 3 yrs ago. the minor is my stepdaughter and her grandmother (my wifes mom) has been battling with my wife for custody of the minor and has used social services as a tool since before i was even in the picture. this is the 2nd time this kind of thing happened. about 4 yrs ago the grandmother had accused me of lying on the girl. i contacted the authorities and soc services. we were instructed to have the minor tested by a doctor and told that it is better i left the house. i left my wife who was 9 months pregnant at the time as a result and we relocated to los angeles after our baby was born. the test result was negative. all was well til about a year after. we got a call from the grandmother saying the little girl had told her that i had done something to her. this time social services were involved and i was made to leave again and told to do parenting & counseling which i did (17weeks) voluntarily though the investigation came back unsubstantiated. now after spending a 2 month vacation at her grandmothers she's saying it again. and the police want to talk to me about it. do i need representation? or should i go alone?


Asked on 3/30/05, 4:12 pm

4 Answers from Attorneys

Elena Condes LAW OFFFICE OF ELENA CONDES

Re: do i need representation in a police interview??

Yes!!!! If they had enough evidence to arrest you they likely would have already. When they don't, they try to get it out of you by way of an interview to "let you explain your side of things". I would highly recommend having an attorney respond for you.

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Answered on 3/30/05, 4:59 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: do i need representation in a police interview??

Do not go to the police station. If they really want you at the police station, they will arrest you. They cannot interview you unless you agree, and it is never in your interest to be interviewed. It is better to have a lawyer. Get and carry a lawyer's business card if nothing else. You need to say nothing, ABSOLUTELY NOTHING, to the police except "I respectfully decline to answer your questions without an attorney present. May I call my lawyer now?" Keep repeating this, like a broken record, NO MATTER WHAT they say or threaten. Do not talk about the weather, or baseball season, or say ANYTHING AT ALL. The police have no power to "make a deal" or to "make things better for you" nor would they do that anyway. Assume anything they tell you is a lie. Make sure the word "lawyer" or "attorney" passes your lips, because they are supposed to stop questioning you at this point. Also, do not allow the police into your home or consent to a search. If they have a search warrant, let them force their way in.

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Answered on 3/30/05, 5:32 pm
Robert Miller Robert L. Miller & Associates, A Law Corporation

Re: Representation in a police interview

Thank you for your posting, and the opportunity to advise you.

Frankly, considering the seriousness of this potential investigation, I cannot imagine anyone giving you any other advice but to get counsel, and not to talk to the police alone.

Consider that the police are there to investigate a crime. No matter what your intentions, even small admissions of facts that place you at the scene of the crime, your statements will be directly viewed in the light most incriminating to you, and might even be used to recommend prosecution.

For that reason, you are afforded the right of counsel and the right against self incrimination. I strongly suggest you should use these rights, as they are there to protect you.

I hope that this answer helps, but if you do have any further questions, want legal representation or any further information, please feel free to contact me directly at [email protected]. It's my pleasure to assist in any way that I can.

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Answered on 3/30/05, 5:57 pm
Terry A. Nelson Nelson & Lawless

Re: do i need representation in a police interview??

Do you need representation? Of course, unless you like the prospect of doing jail time. DA's tell us that 95 % of people convict themselves when talking to authorities. If you want legal counsel to help you, contact me to discuss.

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Answered on 3/30/05, 6:15 pm


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