Police Want to Question Me - Do I Need a Lawyer?

There are times when police want to question someone about a crime he or she knows about but did not participate in so that the local law enforcement agency is able to gather enough information to seek justice. In many of these situations, the individual should hire a lawyer to ensure he or she does not incriminate himself or herself.

There are multiple types of situations where a person may feel he or she does not need legal representation to talk to the police. These generally include when the individual determines he or she should contact or communicate with law enforcement of his or her own volition. In these circumstances, the interviewee has little or no connection to either the crime or the person of interest. He or she may only want to provide details about his or her observations or opinions. If the individual has details about the case, he or she may come forward and explain the information.

The Types of Questioning Situations

There are voluntary encounters between the individual and the police, a detention that is only temporary and the arrest. The person involved in these situations will need to determine if he or she requires the help of a lawyer before he or she lets police question him or her. However, there are some exceptions that may restrict the use of a lawyer or that provide the interviewee the ability to seek legal representation during or after questions start. In both detention and arrest circumstances, it is essential to have a lawyer present to prevent possible incrimination or to provide the police with more evidence to use against him or her.

The Need for a Lawyer Based on the Situation

If the person volunteers information to the police, he or she may not need a lawyer when the incident poses no threat to him or her. Without any connection to the illegal activity, these circumstances may not require the need of legal representation. However, if local law enforcement believes the individual is part of a crime, and there is reasonable suspicion, hiring a lawyer is generally advisable. The police officers will want to question the person about the incident, the scene, the materials involved in committing a crime and any motive. To ensure the person does not incriminate himself or herself, a legal representative should answer the questions after consulting with the client.

Whether it is reasonable suspicion or probable cause, police usually interview or question the individual as a suspect in the illegal activity. If the situation involves an arrest, the police believe the person committed the crime and will interrogate him or her without thought that anyone else has a connection to the criminal actions. This may also occur if the officers call or come to the home of a person. They will try to validate suspicions instead of simply ask questions to connect certain facts together. To prevent any further suspicion or to satisfy such interviews, it is generally best to hire a lawyer to intercede.

Evidence and Suspicion

When the police gather evidence, it generally leads to at least one possible person’s involvement in the criminal activity. The officers may become suspicious of one person over anyone else. At this point, they will attempt to question the person in a peaceful manner or use certain tactics to avoid legal entanglements. If it is possible to bypass the lawyer, law enforcement will attempt to do so at all costs. However, even officers are bound by the constraints of the law. If they question the individual without letting him or her know that he or she may hire or use a lawyer, the statements may become inadmissible in court.