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Do you have to make a statement to an officer as a waitness

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Do you have to make a statement to an officer as a waitness
Submitted: 1 year ago.Category: Legal
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Answered in 6 minutes by:
3/29/2016
Lawyer: Zoey, JD, Attorney replied 1 year ago
Zoey, JD
Zoey, JD, Attorney
Category: Legal
Satisfied Customers: 28,129
Experience: Active member of the NYS bar since 1989
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Hello,

No you don't have to make a witness statement to the police. Is the officer contacting you to make another statement? You can refuse.

What is the statement for?

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Customer reply replied 1 year ago
There was a bar fight my husband was there gave a statement the office came back 2 days later accused my husband of lying and want to give him a chance to change he's statement or go to jail for lying
Lawyer: Zoey, JD, Attorney replied 1 year ago

Your husband does not and should not talk to the police. They already don't believe him and they are not looking for the truth. They are hoping to trick him into saying something that can get him arrested, and then they're going to try to make him sign a confession.

He should not call the police back. If they reach out to him again, he should tell them that he has already said as much as he is going to and that he is waiting to talk to his lawyer. His silence can never be used against him in court, because it's protected by the Fifth Amendment to the Constitution. But once he tells anyone other than his lawyer about the incident, anything he says, including what he thinks may be helpful can be used against him.

Maybe the police do have enough evidence to arrest him for the fight, even if he doesn't speak to them. But generally, when that's true, they don't give you a chance to "tell the truth." They just come and arrest you. If he gives no further statements, even if they arrest him, he has not said anything that could come in and be used against him in court.

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