If you are ever arrested or interrogated by the police, it is important to know that you do not have to speak whatsoever until your lawyer is present at the scene, says the Seibert Law Firm’s Kevin Seibert, a criminal lawyer in Charleston, SC. Many people have been known to make the mistake of speaking to the police without their lawyers, and plenty end up incriminating themselves in the process. Even if you have nothing to hide, it still may be worth waiting to speak to the police until your representation has shown up.
For someone who has just recently been arrested but does not yet have legal representation, Seibert recommends telling the police that you do not want to speak about whatever just happened until you have a criminal lawyer working on your case. A defendant in this situation would then contact a family member or a close friend to hire an attorney on his behalf.
If someone is being questioned and he already has an attorney who has been hired for the case, and that attorney just happens to not be present at the time of the interrogation, then Seibert says it would be an especially bad idea to speak with the police. Seibert has represented many people before who told one story to the police, but chose to hide important facts from him. “You would think that, if anything, it would be the exact opposite. That would be the logical thing,” he says. “But people don’t think through things.”
It is important for people to understand that anything they say to the police can be used against them in a court of law. Also, if a police officer is questioning someone, then chances are that the person is currently or going to be a suspect in the case at hand. By the time that happens, a person should have already hired a criminal lawyer to come into the picture and start taking control of the case. A criminal lawyer will be able to offer insight into what the client should and should not say during the initial police interrogation.
These are all reasons why Seibert says that it is so important for anyone who has an attorney to tell the police that he does not want to continue with the questioning until his attorney has entered the room. At that point, the police are required to stop the interrogation process until the person’s attorney has shown up.
If they continue questioning, then the client should remain silent, according to Seibert. From that point forward, he should continue to direct the police officers to his attorney by asking them to either contact the attorney directly to set up further appointments for interviews or to have the prosecutor speak with the attorney himself.
For people in Charleston, SC, who do not have a criminal lawyer working on their side, Seibert says this could put them at a distinct disadvantage in the event of a police interrogation. He recommends calling a law office like the Seibert Law Firm as quickly as possible if you are ever arrested or questioned by the police for any period of time, and making sure you have an attorney at your side before going through any intense interrogations.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.
