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RobertJDFL
RobertJDFL, Attorney
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can i act as my own counsel will being investigated by pa state

Customer Question

can i act as my own counsel will being investigated by pa state police
Submitted: 11 months ago.
Category: Legal
Expert:  RobertJDFL replied 11 months ago.
Thank you for using Just Answer.

Just so I make sure I answer exactly what you want to know, what do you mean "act as your own counsel?" What exactly are you looking to do during the investigation?
Customer: replied 11 months ago.


I'll start at the beginning,


 


I have been being hasseled by my neighbors for some time now they file false reports and make false claims usually petty things but they just graduated to saying i show children porn. I have already been cleared by child services but the state cop who originally took the case(also friends with my neighbor) has been coming to my house demanding to speak with me which i have no problem with, but he refuses to let me audio and video record the interview after a long argument and him threatening to "do this the hard way" i agreed to speak with him at the state police barraks. the only thing i need and can't seem to find is the pennsylvania code/ us code that allows me to act as my own counsel this all happened a couple hours ago and i do not have the time to research this myself.

Customer: replied 11 months ago.


sorry i back out of the site

Expert:  RobertJDFL replied 11 months ago.
Thank you for your reply.

You won't find any law or specific code because there isn't one, but similarly, there is no law or code that requires that you have a lawyer. A person cannot be forced to hire a lawyer during a police investigation or even during court proceedings. The closest the law comes on this is the 6th amendment of the Constitution, although that deals more with representation in court proceedings. If you want to address the matter yourself, you may do so.

And just so you know - you cannot be required to talk to the police if you truly do not want to answer their questions (and normally, I would say there is no benefit in speaking to the police, even if you have nothing to hide).
RobertJDFL, Attorney
Category: Legal
Satisfied Customers: 10260
Experience: Experienced in multiple areas of the law.
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Customer: replied 11 months ago.


i guess what i am getting at then is can they refuse me the rights they would give a lawyer like recording the interview?


 


i know it is another question i'll pay extra i really dont care, lol

Expert:  RobertJDFL replied 11 months ago.
Thank you for your reply.

Pennsylvania's wiretapping law is a "two party consent law". Pennsylvania makes it a crime to intercept or record a telephone call or conversation unless all parties to the conversation consent. See 18 Pa. Cons. Stat. § 5703 (link is to the entire code, choose Title 18, Part II, Article F, Chapter 57, Subchapter B, and then the specific provision).

Thus, whether you have a lawyer or not - if they do not agree to being recorded, you cannot make a recording.
Customer: replied 11 months ago.


thank you i am glad i didnt make that mistake, i wish this had an option to buy you a beer, have a good night and thanks again

Expert:  RobertJDFL replied 11 months ago.
No problem, pleasure to help.

But yes -be very cautious in speaking to the police without a lawyer. Don't let them pressure you into talking to them without one. They are not your friends, and don't want to help you "clear things up." Their job is to investigate things. They cannot force you to talk to them if you do not want to, and a simple "Thank you, but I'm not interested in speaking with you at this time, officer" is all that is required.

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