Police Questioning & Attorney

[mel1545]

What is the name of your state? Michigan

My son was going to be charged with felonious assault and was brought in by the dectetive to be questioned per a pre-arranged appointment. When she asked him the first question, he said he would like to speak with an attorney so as not to incriminate himself. Her attitude changed, she closed her folder and berated him. Told him she thought he was going to act like a man and why didn't he get an attorney already. She said she didn't need his statement and would see him in court. He didn't get an attorney because he could afford to retain one.

My question is, should she have provided him with an attorney at that point to continue the questioning or just end the questioning and file the charges?

 

[outonbail]

What is the name of your state? Michigan

My son was going to be charged with felonious assault and was brought in by the dectetive to be questioned per a pre-arranged appointment. When she asked him the first question, he said he would like to speak with an attorney so as not to incriminate himself. Her attitude changed, she closed her folder and berated him. Told him she thought he was going to act like a man and why didn't he get an attorney already. She said she didn't need his statement and would see him in court. He didn't get an attorney because he could afford to retain one.

My question is, should she have provided him with an attorney at that point to continue the questioning or just end the questioning and file the charges?

Your son did the right thing.

The police are not going to have a public defender or court apointed attorney at the station to represent him. The interview was completely voluntary.

So she did the right thing by ending the interview.

If this detective does file charges, you can bet she was going to do it with or without your son's cooperation. She was just looking for a little more evidence to use against him or a confession.

It is possible that the case is weak, which is why she was trying to gain more evidence from the interview. If she had a strong case against your son, she would have simply presented the case to the DA, who would have filed charges, had your son picked up and brought in for fingerprinting and a bail amount would be set.

He did the right thing!

 

[Two Bit]

When you invoke your right to an attorney, generally that means that the interview is over. Once he's arraigned, and he gets a chance to get a lawyer, the lawyer can make arrangements for an interview if he thinks it's best.

When I was a detective, I never saw much point in talking to a person once they had a lawyer.

 

[CdwJava]

In some cases a statement from the suspect or any possibly involved party is a requirement before sending a case to the DA. The DA in my county wants to see some serious attempts to contact the defendant before he reviews a case. Even witnesses must be interviewed beforehand.

They may have had a good case even before the attempted interview ... on the other hand, maybe they didn't. In any event, he might want to get one now. or wait for a public defender if he is ever charged.

- Carl

 

[badapple40]

Guess what... if I remember correctly, his invoking his right to counsel might be used against him, because he was not "in custody."