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I was contacted by a detective to give a statement about a

Customer Question
loan a client did of...
I was contacted by a detective to give a statement about a loan a client did of mine. I need to go to the station of Thursday afternoon, should I take an attorney with me. I didn't go the loan but I think his family is back in the picture and they are saying that I took advantage of an older person which is not the case. I have documents showing conversations that he had and the paperwork. Please advice
Submitted: 7 years ago.Category: Criminal Law
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Answered in 15 minutes by:
9/4/2010
Criminal Lawyer: Dave Kennett, Lawyer replied 7 years ago
Dave Kennett
Dave Kennett, Lawyer
Category: Criminal Law
Satisfied Customers: 27,690
Experience: 25 years experience practicing attorney
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Dear JACUSTOMER - DO NOT go to the police station or talk to anyone without an attorney. I don't care what anyone says or threatens you have no obligation to talk to the police and anything you say will be used against you and nothing you say can help you. Every defense attorney in America will tell you the exact same thing. Unless there is a warrant for your arrest you don't "need" to go to the station on Thursday or any other day and if the police want to arrest you they will whether you go or don't go.

 

Generally they don't have enough evidence to arrest you or they would have already done so. That's why they want you to come in and talk to them so they can get you to say something that will incriminate you and THEN they will arrest you. You don't have to spend the money on an attorney at this point if you cannot afford one. You can and should call the detective and say those dreaded words the cops hate to hear - "I don't wish to make any statements without an attorney".

 

Once you invoke your right to counsel the cops cannot question you further. They must either arrest you or drop all requests for an interview. This is why we have a Constitution and, more specifically a Fifth Amendment which protects us against self incrimination. No attorney would tell you to go to meet with the detective without an attorney. If you are arrested then you should immediately request the assistance of counsel and if you can't afford an attorney the court will appoint one.

 

No promises made by the cops are worth anything. Only the prosecutor or the judge has the power to make deals so it doesn't matter what a cop says about "going easy" etc because it means nothing. The best advice I or any attorney can offer to someone in your situation is to remain absolutely quiet and get a lawyer.

 

Dave Kennett

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Customer reply replied 7 years ago
Would you know if there is a warrant out for my arrest
Criminal Lawyer: Dave Kennett, Lawyer replied 7 years ago

If there were a warrant they would not have just called and asked you politely to come in. They would have showed up at your door. If you decide you want to go to the station on your own then PLEASE just say you do not want to talk without having an attorney. The point is DO NOT make any statements.

 

Dave

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Dave Kennett
Dave Kennett
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Category: Criminal Law
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