Should I take A Lawyer To My Police Interview?

We appreciate your like, share or follow. Your online activity helps us reach a larger audience, so please consider taking a moment to leave us a comment on our videos, or share our posts on social media.

How Can We Help You?

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Should I take A Lawyer To My Police Interview?

Attorney Ben Schwartz answers the question that a lot of folks have but just don’t ask. Should I take a lawyer to my police interview?

Hey folks I am Attorney Ben Schwartz,

Today we are going to do a viewer question. This is from Rick in Yardley, Pennsylvania. Rick emailed me, he said Delaware State Police have called. They want to set up a time to interview my teenage son in reference to some sort of incident or matter. And basically, Rick wants to know, Should we take a lawyer with us to this interview?  

Rick, I appreciate you writing in. This is a very common question that we get in my law firm. The question that you are asking, I applaud you for asking the question. I applaud you for recognizing that there is a need for legal counsel in this situation. However, you are asking the wrong question. The question should not be whether should we go to the interview and take a lawyer with us. The question should be, should we go to the interview in the first place? And let me tell you, the answer is NO!, NO WAY! Absolutely not under any circumstances. 

The reason I say this is because if the police are contacting you about a criminal investigation. First as a U.S. Citizen, under the fifth amendment to the United States Constitution, you have the right to remain silent. This means that you absolutely do not ever have to submit to a police interrogation or interview. 

The second thing is that, as a criminal defense attorney, what I can tell you about criminal investigations is, when the police get a complaint or when the police receive information that a crime may have been committed. The first thing that they do is NOT start interviewing the potential suspects. The first thing they do is start interviewing the potential witnesses. They start gathering tangible physical evidence. They start digging into the case to try and find out what happened. And then the last thing they do is generally interview the suspects. 

The purpose of interviewing the suspect, at least in my humble opinion, is not really to put the case together. The purpose of interviewing the suspect is really to see if the suspect will confess to the crime. If the suspect will confess to the crime; if the suspect will make statements implicating themselves in the crime. Maybe they make a statement admitting that they were there at the time and place that the incident occurred. That is one less thing that the prosecutor has to prove at trial. 

So I would say, you never take your kid to an interview with the police where your child is suspected of participating in some sort of a criminal incident. The first thing you do is contact an attorney. You let the attorney deal with it. You never voluntarily submit to an interrogation by the police. You never voluntarily submit your child to an interrogation with the police. You contact an attorney.  

Your instinct Rick is correct. Your instinct to contact an attorney is correct, but as I always tell people, you do not keep a dog and bark yourself. Let the attorney that you have hired handle the situation from here. Folks I hope that you have learned something today. Maybe you learned something about the constitution. Maybe you learned something about the way an attorney thinks. Or maybe you have learned something about the process when it comes to criminal defense cases. 

If you have a question like Rick’s question, something that I can answer, general information, not legal advice but general information. Where we can do a video. We can educate people in the community about a legal topic. Whether it has to do with criminal defense or personal injury or what have you. Send me an email. My email address is Ben.Schwartz@SchwartzandSchwartz.com.

Thanks for watching.  

You May Also Like These Related Videos…

Dog Injured In Car Accident…Who Should Pay Vet Bills?

Dog Injured In Car Accident...Who Should Pay Vet Bills? Delaware Personal Injury Attorney Ben Schwartz may not have the answer, but he can explain how your auto insurance works and pays for a human person after they have been in a car accident. https://youtu.be/FjI25XY9fpE   Hey Folks, I’m...

read more

Valuing Personal Injury Claims

Personal Injury Attorney Ben Schwartz gives ten tips on valuing personal injury claims for settlement. https://youtu.be/sVRCDqdrEI4 Hi, I am Attorney Ben Schwartz, Today we are going to talk a little bit more about valuing personal injury cases. You know there is a video blog on our...

read more

0 Comments

Submit a Comment

Your email address will not be published. Required fields are marked *

Meet Our Team Of Experts

Rob Collins

Attorney

Gwendolyn Osborn-Gustavson

Attorney

Freddie Daniels

Joe Stanley

Attorney

Steven Schwartz

Founding Partner

James "Matt" Stiller

Attorney

Freddie Daniels

Ben Schwartz

Managing Partner

Scott T. Smith

Case Manager

Stephen Norman

Of Counsel

Freddie Daniels

Practice Manager

Steven Schwartz

Founding Partner

YoungAbout2

Kenneth Young

Attorney

REQUEST A FREE CASE EVALUATION

Main Office

1140 South State Street
Dover, Delaware 19901

VISIT US ON SOCIAL MEDIA

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Dover, Delaware

1140 & 1126 South State Street
Dover, Delaware 19901

More Details

Are you looking for a Dover, Delaware Personal Injury Lawyer?  Our Dover, DE law office is located adjacent to Carroll’s Plaza in Kent County, Delaware.

Bethany Beach, Delaware

34026 Coastal Highway
Bethany Beach, Delaware 19930

More Details

Are you searching for a personal injury or wrongful death attorney handling cases in the Delaware beaches area or Ocean City, MD? Schwartz & Schwartz attorney Stephen Price Norman maintains an office on Route 1, Coastal Highway in South Bethany Beach, DE.

Dagsboro, Delaware

30838 Vines Creek Road, Unit 3
Dagsboro, DE 19939

More Details

Are you trying to find a personal injury lawyer for your Eastern Sussex County, DE or Eastern Shore of Maryland case? Schwartz & Schwartz personal injury lawyer Stephen Price Norman maintains an office on Vines Creek Road in Dagsboro, Delaware.

Wilmington, Delaware

1525 Delaware Ave.
Wilmington, Delaware 19806

More Details

We are Wilmington, Delaware Personal Injury Attorneys. Our Wilmington law office is located at 1525 Delaware Avenue in New Castle County, Delaware 19806.

Salisbury, Maryland

Suite 500-A
100 East Main Street
Salisbury, Maryland 21801

More Details

Are you looking for a Salisbury, Maryland Personal Injury Lawyer? Our Salisbury law office is located next to the Shore Bank in Downtown Salisbury, Maryland. Our building address is 100 East Main Street Salisbury, Maryland 21801 and our office is located in Suite 500-A.

Philadelphia, Pennsylvania

1650 Market Street 36th Floor
Philadelphia, Pennsylvania 19103

More Details

Schwartz & Schwartz, Attorneys at Law, P.A. is a Mid-Atlantic regional plaintiff’s trial law firm focusing on wrongful death and catastrophic personal injury cases, with offices in Philadelphia, Pennsylvania.

Baltimore, Maryland

Legg Mason Tower
100 International Drive, 23rd Floor
Baltimore, MD 21202

More Details

We are Baltimore, Maryland trial lawyers handling wrongful death and serious personal injury cases

Washington, D.C.

Coming Soon!
Stay Tuned For Our New Office Location
Washington, D.C.

Directions Coming Soon

More Details

Stay tuned for more information about our new Personal Injury & Wrongful Death law office, which will be located in Washington, D.C.

What Are You Waiting For?

We have offices conveniently located to provide expert legal representation in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania.

Free Consultations

We offer free consultations in most cases, but not all. Please give us a call to see if you qualify.

Call or Email Us today

Time is an important factor in most legal cases. Don't delay, send us an email or call today!

24/7 Service

Our normal office hours are Mon - Fri, 9 am - 5 pm. Our answering service is available 24/7 at 1-855-847-8437.

Convenient Regional Locations

We have offices located to provide expert representation in Delaware, Maryland, Pennsylvania, Washington, D.C., and New Jersey.

Tip The Scales of Justice in Your Favor

Schwartz & Schwartz, Attorneys at Law is a major force in Delaware, Maryland, Washington, D.C., New Jersey, and Pennsylvania civil and criminal litigation.

Law Firm Testimonials

Gwendolyn Osborn-Gustavson

Scott T. Smith

Rob Collins

Steven Schwartz

Freddie Daniels

Joe Stanley

Freddie Daniels

R. Mark Taneyhill

Stephen Norman

Freddie Daniels

Ben Schwartz

James "Matt" Stiller

Tip The Scales of Justice in Your Favor

Our attorneys have significant experience in corporate, business and commercial litigation, in the United States District Court, in the Delaware Court of Chancery, and in the Delaware Superior Court.
Complex Corporate, Business and Commercial Litigation issues require the expertise of skilled legal corporate litigation professionals with experience in the industry and the ability to provide tenacious,

Criminal Defense Lawyers in Delaware

Schwartz & Schwartz offers a FREE CONSULTATION with Criminal Defense Lawyers in Delaware to anyone who has been arrested or who has been contacted about a prospective criminal arrest.