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Alex J. Esq.
Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13289
Experience:  Experienced Licensed Attorney / Criminal Law Mentor
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A person was asked to come in to the police dept for questioning.

Resolved Question:

A person was asked to come in to the police dept for questioning. He was told this was not about him and that he would not be mirandized. A friend who is not a lawyer wanted to be present during the questioning. The investigator said no. This is in Georgia.
1) Is there some law that says a person cannot have a friend present during questioning?
2) If it is not about charging the person, why can't someone else accompany him?
3) We think this is a set up, to intimidate the person.
3) The person thinks they might issue an warrant if he does not go in to be questioned. So if he goes in and gets questioned, since he is not arrested, can he demand a lawyer?
4) If he goes in and then they decide they are going to arrest him (that is, it was a trick), can his statements be used to charge him?
Submitted: 1 year ago.
Category: Criminal Law
Expert:  Alex J. Esq. replied 1 year ago.

Alex J. Esq. :

Hello. My name is XXXXX XXXXX I will be glad to help you.

Alex J. Esq. :

Are you online with me?

Alex J. Esq. :

It appears that you care currently offline. Please let me know when you are back online, and I will be happy to answer your question.

Alex J. Esq. :

Thanks.

Customer:

yes I am online

Alex J. Esq. :

Welcome to JustAnswer.com

Alex J. Esq. :

Let me answer each of your questions.

Customer:

thank you

Alex J. Esq. :

1) The police does not has authority to restrict who can be present when a person of interest is questioned.

Alex J. Esq. :

2) It is likely that this person is under criminal investigation and police will say anything and make any type of assurances in order to get a suspect to talk to them and to incriminate himself or others.

Customer:

Yes, to incriminate the wife; but I didn't think spouses could incriminate each other

Alex J. Esq. :

3) The person should never answer any questions from the police, without having a local criminal defense attorney present!

Alex J. Esq. :

Yes. They can!

Customer:

The husband was interrogated by the DA, and they carefully pointed out the the police did not interrogate him. No lawyer even though he asked for one.

Alex J. Esq. :

This person would not be entitled to a lawyer, unless he is arrested, but also this person does not have any legal obligation to go to the police or to answer any questions.

Alex J. Esq. :

Anything that this person will say to the police would only be used against him and possibly others.

Alex J. Esq. :

Even when someone is arrested, the person who is detained or arrested doesn't have to make any statements, with or without a lawyer.

Customer:

The husband was arrested; he has a history of schizophrenia, and was off his medication at the jail when this took place.

Alex J. Esq. :

Basically, it sounds that this person has already gotten himself in some trouble by making statements and this person needs to consult and retain an experienced local criminal defense attorney to protect his legal rights.

Customer:

Yes we are heartbroken at what happened. It seems (I don't know for sure) that he just said um humm to everything!

Alex J. Esq. :

unfortunately, the DA or police does not have to read Miranda rights or provide lawyer to this person, as this person was not under arrest and could simply have left or never agreed to questioning

Customer:

How can the other person (not arrested) protect herself until she can find an attorney? She is meeting with one Monday afternoon, but the police want her to show up at 9am.

Alex J. Esq. :

Does this make sense?

Alex J. Esq. :

She does not have to show up or make any statements to the police.

Customer:

Yes - she should not show up. They are very hostile to her on the phone when they demand she show up.

Alex J. Esq. :

If police has enough evidence to arrest this person at this point, they will do so regardless of whether she shows up or not and any statements she makes will only be used against her.

Alex J. Esq. :

5th Amendment of the US Constitution gives everyone a legal right not to make any incriminating statements and to remain silent.

Alex J. Esq. :

Does this make sense?

Customer:

thank you. I think I understand now, and will tell her.

Alex J. Esq. :

Keep in mind, your friend needs an experienced local criminal defense attorney as soon as possible!

Customer:

Does the husband - who agreed to everything (everything!) - the DA told him they would arrest his wife if he did not, so he just agreed to everything - have any options? We are trying to get a lawyer, but I think they are continuing to interrogate him; he was disoriented yesterday when a friend was allowed to visit at the jail.

Alex J. Esq. :

well, it depends what you mean by options?

Alex J. Esq. :

What is the husband charged with?

Customer:

Can he retract whatever they charge him with?

Alex J. Esq. :

the criminal charges do not get "retracted".

Alex J. Esq. :

The criminal charges are being pursued by the state attorney / prosecutor.

Customer:

It is pretty bad - its not true, but he was accused of a sex crime.

Alex J. Esq. :

Are you asking if the husband can retract his statements to the police / DA?

Customer:

yes

Alex J. Esq. :

It would depend on the circumstances.

Alex J. Esq. :

If the husband was read his rights and proceeded to answer question and the husband is not mentally insane, then it is likely that all the statements will remain.

Customer:

He had no lawyer (I understand he did ask for one) and he was off his psychiatric medication. I believe his statements have really destroyed him.

Customer:

Insane is a legal term, but he should have been on both anti-psychotic and anti-schizophrenia and anti-seizure medications.

Alex J. Esq. :

Well, the facts would have to be examined by the husband's local criminal defense attorney, to see if any of the husband's rights were violated to obtain his statements / confessions.

Customer:

So the rights would involve Miranda?

Alex J. Esq. :

The court might order psychiatric examination of the husband as well.

Alex J. Esq. :

Correct.

Alex J. Esq. :

Miranda rights would have to be read before any questionining.

Customer:

Yes, he just got out of a mental hospital a couple weeks earlier.

Alex J. Esq. :

however the suspect can waive his right to a lawyer and continue making statements.

Customer:

I hope he didn't.

Alex J. Esq. :

Sounds like this is a major sex crime.

Alex J. Esq. :

Does this involve a child?

Customer:

child accusations

Alex J. Esq. :

Well, such crimes can be extremely serious and can subject defendants to many years in prison and a lifetime registration as sex offenders.

Customer:

Child threatened the mother for six weeks that if she could not see her boyfried, she would accuse the husband. She waited six weeks and then accused.

Customer:

Boyfriend is a drug dealer. Mother said no.

Alex J. Esq. :

Well, the facts will be sorted out by the police, DA and also in court by the jury.

Customer:

Thank you for your help. No one can believe or really comprehend that this is happening.

Alex J. Esq. :

I completely understand how shocking and disturbing this entire ordeal can be and I do wish you the best of luck!

Alex J. Esq. :

I wish you the best of luck.

Please click on the "Excellent Service" feedback, so I can receive credit for my answer.

Bonus and positive feedback are always appreciated, but are not required

Alex J. Esq., Attorney at Law
Category: Criminal Law
Satisfied Customers: 13289
Experience: Experienced Licensed Attorney / Criminal Law Mentor
Alex J. Esq. and 10 other Criminal Law Specialists are ready to help you

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