Interrogation or Deposition
.....As your attorney, I would handle all requests to interview you. Although you must have the opportunity to speak to me before you decide whether to answer questions for or make a statement to the police or government agents, you must tell them that you want to speak to your attorney before questioning. Courts have decided that the police or government agents do not have to honor your attorney's request to speak to you before they question you. You should also refer all requests by lawyers, investigators, and journalists to your lawyer.
.....You do not have to talk to anyone. Lawyers may not speak directly to you when you have a lawyer of your own. Law enforcement officials must stop questioning you, when you say "I want a lawyer, and I do not want to answer any questions." Your lawyer is the only one who will protect you. The law recognizes that you do not have to talk to anyone, and it recognizes that you can speak privately with a lawyer.
.....Beware that other people, including other parties’ lawyers, investigators, and law enforcement officials may tell you what is in their best interest in order to get what they want from you. Courts have ruled that while law enforcement officials may not threaten you, they may mislead you and lie to you in order to get you to speak with them. What you say may be misused by other people to hurt you.
.....Keep in mind that your lawyer will need time to prepare your case. If you wait to seek counsel, you will prevent your lawyer from doing all that he or she can for you.
.....The pages and links on this web site are provided as a public service and on an informational basis only. They do not provide a comprehensive statement of the law, and no one should rely on these materials as legal advice. If you have a legal problem or question, you should consult with an attorney, who can investigate the particular circumstances of your situation. Although I answer all e-mail and telephone calls, this does not constitute legal representation. I am not your lawyer, until we make an agreement and I receive my fee. In order to protect your confidentiality, please call to discuss your concerns. E-mail is not a confidential means of communication, because it can be intercepted by anyone. The initial consultation is free.
Last revised: November 13, 2018