Do I need lawyer if I am questioned about a missing person? 46 Answers as of July 11, 2013

I am being asked by the police of a missing friend. I was the last person he saw. What should I do?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
Depends on what you know and if and how much you trust the police to take your word for your innocence.
Answer Applies to: California
Replied: 6/21/2011
Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
If you are not being charged with anything you probably do not need an attorney , but if you feel you want one for advice and or to be present at police questioning you certainly can hire one.
Answer Applies to: New York
Replied: 6/16/2011
Law Office of Jonathan T. Sarre
Law Office of Jonathan T. Sarre | Jonathan T. Sarre
It's probably not a bad idea to get a lawyer. Even if you're not a suspect now, you could become one if you answer the police's questions in a way they deem suspicious. A lawyer is a good way to protect yourself oftentimes because you have someone else there to keep you from saying something dumb!
Answer Applies to: Oregon
Replied: 6/14/2011
Law Office of Phillip Weiser
Law Office of Phillip Weiser | Phillip L. Weiser
If you think you may be a suspect, and think that the information you give may be used against you in a prosecution, you have the right to consult an attorney prior to giving any information to the police. You should consult an experienced attorney so you do not inadvertently jeopardize your rights.
Answer Applies to: Kansas
Replied: 6/14/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You should never talk to the police unless you retain an attorney and he advises you to answer their questions in his presence.
Answer Applies to: New York
Replied: 6/13/2011
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    I would suggest you contact an attorney immediately. There is a chance if you ignore the police, they will get a warrant, if they have probable cause to believe you were involved in the crime. However, you have a right to remain silent during any questioning, but in ANY case, go WITH an attorney do NOT try and resolve this yourself!
    Answer Applies to: Illinois
    Replied: 6/13/2011
    Law Office of Richard Williams
    Law Office of Richard Williams | Richard Williams
    Always confer with an attorney prior to meeting law enforcement and being questioned.
    Answer Applies to: Alabama
    Replied: 6/13/2011
    LynchLaw
    LynchLaw | Michael Thomas Lynch
    Individuals are often approached by authorities to answer a few questions in order to assist them in their investigation. Just as often the individual questioned is the focus of that investigation. Regardless of involvement it would be prudent to seek counsel before considering if you should talk to authorities. If you decide to answer any questions make sure your attorney is present to assist. Innocent individuals will argue they will appear guilty if they hire an attorney before answering questions. Perhaps, but if they do not seek counsel then they will definitely be demonstrating their poor judgment.
    Answer Applies to: California
    Replied: 6/13/2011
    Eric M. Mark, Attorney at Law
    Eric M. Mark, Attorney at Law | Eric Mark
    If you are a suspect, or possibly a suspect, you should get a lawyer. Some people feel that doing so may make you look guilty even though you aren't. However, many innocent people wish they had consulted a lawyer much earlier in the process. Do not make any statements to the police without a lawyer.
    Answer Applies to: New Jersey
    Replied: 6/13/2011
    Law Office of Andrew Subin
    Law Office of Andrew Subin | Andrew Subin
    You do not need a lawyer if you have not done anything illegal.
    Answer Applies to: Washington
    Replied: 6/13/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    Possibly. You could be a person of interest. More facts are needed.
    Answer Applies to: California
    Replied: 6/13/2011
    Goolsby Law Office
    Goolsby Law Office | Richard Goolsby
    We are criminal attorneys located in Augusta, Georgia, (Richmond and Columbia County). I would recommend that you consult with a criminal attorney in your community about your rights and options. Good luck!
    Answer Applies to: Georgia
    Replied: 6/13/2011
    Law Offices of Scott G. Hilderman
    Law Offices of Scott G. Hilderman | Scott G. Hilderman
    You should definitely talk to a lawyer before you talk to the police. Your lawyer can provide the police with any information that they need.
    Answer Applies to: Montana
    Replied: 6/13/2011
    Bloom Legal, LLC
    Bloom Legal, LLC | Seth J. Bloom
    If you have some reason to believe that the police are interested in you as a suspect then you may want to consider consulting an attorney and/or having one present before responding to police questions. If you did not have any involvement in your friend's disappearance, it may arouse suspicion, however, to have an attorney present. If you are seeking legal representation in this matter in Louisiana, we invite you to contact our firm at the information on this page.
    Answer Applies to: Louisiana
    Replied: 6/13/2011
    Law Office of Brendan M. Kelly
    Law Office of Brendan M. Kelly | Brendan M. Kelly
    Get a lawyer, since you are the prime suspect as to where they are.
    Answer Applies to: Nebraska
    Replied: 6/13/2011
    Cornish, Crowley, Rockafellow, & Sartz, PLLC
    Cornish, Crowley, Rockafellow, & Sartz, PLLC | Jacob Peter Sartz IV
    Yes, I would recommend consulting with a local criminal-defense attorney in your local area to assist you with this matter. You need specific legal advice for your particular circumstances. What you say at this stage could be used against you if you were ever ultimately charged in relation to the disappearance. Further, you may be required to be a witness in an eventual court proceeding. The police may request to interview you. I would recommend consulting with an experienced, local defense attorney to assist you with this matter. Charges may vary; however, most attorneys provide free initial consultations.
    Answer Applies to: Michigan
    Replied: 6/13/2011
    Theodore W. Robinson, P.C.
    Theodore W. Robinson, P.C. | Theodore W. Robinson
    While it's probably just a routine questioning, you may want to consult with a criminal defense lawyer just to be sure you're represented by counsel before speaking to the police again. Good luck.
    Answer Applies to: New York
    Replied: 6/13/2011
    Law Office of Michael Moody
    Law Office of Michael Moody | Michael Moody
    You would definitely need a lawyer if you have something to do with why the person is missing.
    Answer Applies to: Georgia
    Replied: 6/10/2011
    Craig W. Elhart, P.C.
    Craig W. Elhart, P.C. | Craig Elhart
    Every person has the right to represent themselves in legal proceedings. However, a lawyer can advise you of your rights and can offer advise even when it is just in the questioning stage.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Beaulier Law Office
    Beaulier Law Office | Maury Beaulier
    You should make no statement to law enforcement without first consulting with an experienced criminal defense lawyer.
    Answer Applies to: Minnesota
    Replied: 6/10/2011
    Thomas J. Tomko Attorney At law
    Thomas J. Tomko Attorney At law | Thomas J. Tomko
    If you may make statements that incriminate yourself, then you may consider taking the 5th and not answering questions. Regardless, you are generally not compelled to answer any questions. Answering them could result in your statements being used against you. If you have real doubts, you should retain an attorney to go over the details in your situation. I hope that this was helpful.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Law Offices of Carl Spector
    Law Offices of Carl Spector | Carl Spector
    You certainly should make an appointment with and sit down with an attorney to discuss your options. You may also want an attorney present with you if and when you are questioned by the police.
    Answer Applies to: New York
    Replied: 7/11/2013
    Law Office of Tracey S. Sang
    Law Office of Tracey S. Sang | Tracey Sang
    It's your choice. Talk to them if you have nothing to hide. But if you don't want to talk to them you run the risk of looking suspicious. It is a good idea to retain an attorney if you can to accompany you. Good luck.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Office of Rankin Johnson IV, LLC
    Law Office of Rankin Johnson IV, LLC | Rankin Johnson IV
    Don't talk to the police. Tell them you want a lawyer. Maybe they aren't interested in you. Maybe they are. But they're allowed to lie to you about it, so there's no way for you to know. If they really want help from you, then can get you a lawyer and go through that person.
    Answer Applies to: Oregon
    Replied: 6/10/2011
    Michael Anthony Wing, P.C.
    Michael Anthony Wing, P.C. | Michael Anthony Wing
    Do not speak to the police. Hire a lawyer if you are charged. Do not worry what it looks like. Innocent people can be convicted as a result of talking to the police. Stay well.
    Answer Applies to: Alabama
    Replied: 6/10/2011
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    Is there any idea that the person is missing because of foul play? Do they think you did something illegal? You should talk with an attorney before making any statement to the police.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Law Office of Thomas J. Ogas
    Law Office of Thomas J. Ogas | Thomas Ogas
    Talk to a lawyer about it first. The conversation is 100% confidential. If you're completely honest with them, the lawyer can give you advice at the end about whether you should talk to the police or not.
    Answer Applies to: California
    Replied: 6/10/2011
    Nelson & Lawless
    Nelson & Lawless | Terry Nelson
    No amount of free 'tips and hints' from here or anywhere else are going to effectively help you in this now, or later when arrested, other than the advice to exercise the 5th Amendment right to SHUT UP and do NOT talk to anyone except an attorney about the case. That includes on this or any other web site or public forum. Most police and prosecutors will happily tell you that 95% of people convict themselves by trying to be 'helpful and cooperative', either during initial contact, questioning, interview or interrogation. If serious about hiring counsel to help in this, and if this is in SoCal courts, feel free to contact me.
    Answer Applies to: California
    Replied: 6/10/2011
    The Law Office of Kevin O'Grady
    The Law Office of Kevin O'Grady | Kevin O'Grady
    Police officers will frequently approach people they suspect of a crime in a consensual manner to allay any fears the person may have and to get them talking. You need not talk to the police. Hiring an attorney now allows you to say that you are currently represented by an attorney and that you demand he be present for any questioning.
    Answer Applies to: Hawaii
    Replied: 6/10/2011
    Fitzpatrick, Mariano, & Santos, PC
    Fitzpatrick, Mariano, & Santos, PC | Raymond J. Savoy
    If you are not involved in the disappearance, you can answer general police questions without an attorney. However, if the questions become accusatory or you think you may become suspect, immediately stop answering questions and consult an attorney.
    Answer Applies to: Connecticut
    Replied: 6/10/2011
    Jonathan S. Willett Attorney at Law
    Jonathan S. Willett Attorney at Law | Jonathan S. Willett
    The answer to your question really depends upon the circumstances of the disappearance, the circumstances of your relationship, and what information you possess. In nearly all cases involving a serious criminal investigation, you should privately and confidentially consult with a lawyer before talking with police. A missing person is a very serious investigation. The safest thing to do is have the lawyer act as a buffer between you and the police to help you decide whether to exercise your rights to "remain silent" and against "self incrimination."
    Answer Applies to: Colorado
    Replied: 6/10/2011
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    You should never be talking to the police without an attorney present!
    Answer Applies to: California
    Replied: 6/10/2011
    Brian Walker Law Firm, P.C.
    Brian Walker Law Firm, P.C. | Brian Walker
    Do not mess around with a situation that is as serious as this one could be. If the missing person turns up, for example, dead, you may be a person of interest in a homicide investigation. Even with no direct evidence, the police may seek to put together a case based upon only motive and opportunity. While I have no idea what the motive might be, you may already have given them your opportunity. Do not speak to the police. Do not talk to other people about how you are with that person recently. Speak to a lawyer, now.
    Answer Applies to: Washington
    Replied: 6/10/2011
    Cynthia Henley, Lawyer
    Cynthia Henley, Lawyer | Cynthia Henley
    You should meet in person with a lawyer to talk about the situation as soon as possible and before talking with police. Be open and frank with the lawyer about the situation so that you can get advice you can depend on.
    Answer Applies to: Texas
    Replied: 6/10/2011
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Consulting an attorney might not be a bad idea depending on the questions you were being asked.
    Answer Applies to: California
    Replied: 6/10/2011
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    It sounds like the police are just conducting an investigation. Since you were the last one to see this person, it's only natural they would want to make you a top priority for interviewing. No need to worry unless they charge you with a crime or you believe they are going to charge you with a crime. Then you absolutely need to seek out an attorney.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Rothstein Law PLLC
    Rothstein Law PLLC | Eric Rothstein
    Get a lawyer. You are the prime suspect if you were the last person to see the person. You don't give any facts but you should consult with a lawyer before you see the police. They will use whatever you say against you and you don't know what evidence they have. Also, don't give a DNA sample without talking to a lawyer.
    Answer Applies to: New York
    Replied: 6/10/2011
    Palumbo and Kosofsky
    Palumbo and Kosofsky | Michael Palumbo
    Do not allow yourself to be questioned by the police without counsel! We can represent you.
    Answer Applies to: New York
    Replied: 6/10/2011
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    If you have any reason to fear you would be charged, you should at least consult with a defense attorney.
    Answer Applies to: Michigan
    Replied: 6/10/2011
    Law Office of Joe Dane
    Law Office of Joe Dane | Joe Dane
    You could be anything from a witness with information to a suspect in a murder. Until you know and only after consulting with a criminal defense attorney, Do not say anything to the police. Sit down face to face with a criminal defense attorney ASAP.
    Answer Applies to: California
    Replied: 6/10/2011
    Law Office of Stephen Pearcy
    Law Office of Stephen Pearcy | Stephen Pearcy
    Nobody ever needs a lawyer when being questioned by police.
    Answer Applies to: California
    Replied: 6/10/2011
    Bruce H. Lehr, P.A.
    Bruce H. Lehr, P.A. | Bruce H. Lehr
    No one should ever allow himself to be questioned by police without a lawyer present.
    Answer Applies to: Florida
    Replied: 6/10/2011
Click to View More Answers:
12 3 4 5 6 7 8 Free Legal QuestionsConnect with a local attorney