what if i have already signed statement with police can a lawyer help me

If the police have asked you to participate in an investigation by making a statement, your first step should be to seek legal advice. You will or should be given the option to speak with a lawyer prior to making a statement to the police, and you should take this opportunity to do so if it arises.

Full Answer

Should I give a statement to the police?

Aug 27, 2015 · I met with a lawyer and he had me sign a form regarding fees. It is a contingency case so the form said $0, with them taking 31% if the case is won. He is going to look into the business in question (where I had my injury) to see if they are insured before he can give me more information on the case.

Can I withdraw a statement I made to the police?

Two, talking will only hurt you. Prosecutors will use the statements against you, even if innocently made and truthful. In the future, here is a list of reasons why you shouldn’t talk to police or agree to give a statement: The police aren’t looking for “your side of the story”; A detective’s job isn’t to exonerate innocent people.

Can you lock yourself into a police statement?

Mar 23, 2015 · Hi Laury, You should contact an attorney immediately to discuss how to recant your statement and defend your ex-boyfriend against the charges he's facing. If you are in California, our law firm may be able to help you. Contact us at (877) 466-5245 for a free phone consultation regarding your case.

What happens if you refuse to give a police statement?

Jun 28, 2011 · Answered on Jun 30th, 2011 at 10:20 AM. You should definitely contact a lawyer before giving a statement to the police in a case where you are a suspect. It is your constitutional right to not give a statement, and it is your constitutional right to have a lawyer present if you are being questioned if you request it.

Do police have to provide a lawyer?

Police do not need to provide a lawyer until there is a “clear and unambiguous” statement that you want a lawyer;

Can a police officer testify in court?

Like a puzzle, police will do their jobs and attempt to match the evidence to your statement the best way possible. A police officer or third party may be able to testify as to what you said to him/her; A defendant is deemed a party-opponent, and therefore, what you say can be admitted in court as a hearsay exception.

What is the presumption of innocence?

The presumption, in all cases and frequently forgotten, is that the defendant is innocent until proven guilty. The importance of this constitutional protection cannot be understated. It is also not the government’s job to find out if you are innocent.

What is a detective's job?

A detective’s job isn’t to exonerate innocent people. It is to gather information for an eventual prosecution. Therefore, they aren’t looking for your side of the story – they are looking at whether they can pin the blame on you. Talking to police will not help you; Talking will not make them drop the charges.

Can police lie to you?

Police are allowed to lie to you; Police are allowed to lie to you during an interrogation. There is no constitutional rule against it, and only rarely has a conviction been overturned because a confession was deemed involuntary due to trickery in a police interrogation.

Can police lie to you during interrogation?

Police are allowed to lie to you during an interrogation. There is no constitutional rule against it, and only rarely has a conviction been overturned because a confession was deemed involuntary due to trickery in a police interrogation. Police are allowed to prevent an attorney from speaking to you;

Can a confession be overturned?

There is no constitutional rule against it, and only rarely has a conviction been overturned because a confession was deemed involuntary due to trickery in a police interrogation. Police are allowed to prevent an attorney from speaking to you;

What is Recanting a Statement and Who Does It?

If you make a statement to law enforcement then retract, withdraw, or take back that statement, you are recanting it. Anyone who has made a statement to the police, as a witness to a crime or as the victim of a crime may have a reason for wanting to withdraw that statement.

Recanting a Statement – When and How Can You Recant a Statement

Anyone who gives a statement to the police may decide at any time to recant that statement. However, just because you want to take back your statement doesn’t mean that you are free to do so without the risk of potential criminal consequences.

What Happens to the Defendant after you Recant a Statement?

Just because you recanted your statement you made to police doesn’t necessarily mean that any charges leveled against the defendant will be dropped.

Talk to Wallin & Klarich before You Recant a Statement

If you or a loved one is facing criminal charges, contact a Wallin & Klarich criminal defense attorney immediately. Our skilled attorneys have over 40 years of experience successfully defending our clients facing serious criminal charges. We will can help you reach the best possible outcome in your case.

Do you have to provide a statement to the police?

When the police approach you you do not have to provide a statement. Having an attorney is best because then the police can be on notice that you have an attorney and questioning cannot occur unless that attorney is present.

Can you give a statement to the police without counsel?

Never give a statement to the police without counsel! You need to retain counsel ASAP, because it is likely that you are going to be arrested. Give us a call to discuss retention of our office.

Should I have an attorney to turn over a recording?

Thank you for your inquiry. In short - yes, you should have an attorney. The basic right that you have which would perhaps stand in the way of releaseing the recording may be the 5th amendment. If any part of the tape could incriminate you in a criminal offense, make you an accessory, or make you a co-conspirator or otherwise, then, there may be grounds to keep from producing the recording. There are a host of other reasons why you may have to turn it over. Your best advice is to hire an attorney to represent you before it is too late, and they simply take it with a warrant. I hope that htis was helpful.

Can you refuse to make a statement under the Fifth Amendment?

Under the Fifth Amendment you have an absolute right to refrain from making any statements that could be self incriminating. Yes, you have a right to refuse to make a statement. Yes, you should retain counsel immediately to discuss all of your questions and concerns beyond this 2-3 line posting.

Do you have to talk to the police?

You never have to talk to the police. You always have the right to remain silent. Just keep in mind it could have consequences. You don't have to have a lawyer, but it wouldn't be a bad idea to talk with one beforehand and go over the case in detail. He will be able to give you a more specific answer as to how to proceed.

Can you refuse to talk to police?

You absolutely can refuse to speak with anyone, including the police. The exception is if driving you must produce license or registration upon demand. I frequently advise client's do not talk and you may walk.

Can you have a lawyer present for a police interview?

Yes you can and should. If you are a suspect (and it sounds like you are) you are entitled to have a lawyer present and if you can't afford one, to have one appointed to you. Even if you are not a suspect, you never know what they are going to be asking about and it is always a good idea to have a lawyer present to discuss any questions that may come up during the interview.

What happens if you fire a lawyer?

If you fire your lawyer and hire someone else, your lawyer must turn over all of the discovery to the prosecutor. Once your new lawyer files his appearance, the prosecutor will turn over the discovery to your new lawyer. James Dimeas is a nationally-recognized, award-winning criminal defense lawyer.

What is the purpose of police reports?

The purpose behind this rule is that police reports in a criminal case may include information that the law seeks to protect. Police reports may include the names and addresses of witnesses and police officers, and other identifying information that the Supreme Court does not want to be made public.

What are the rules of the Supreme Court?

The Supreme Court Rules govern what happens in court and what your lawyer can or cannot do while they are representing you in a criminal case in court. Your lawyer is required to follow all those rules. The prosecutor is required to give your lawyer all of the evidence in your case.

What is the discovery stage of a criminal case?

Not only is the state required to give your lawyer all of the evidence that proves your guilt, they are also required to give your lawyer any evidence that proves that you may be innocent. This is called the “Discovery” stage of a criminal case. The discovery includes all of the police reports and any other evidence such as photographs, statements, ...

What is the role of a lawyer in a case?

Your lawyer is allowed to ensure that you are aware of the evidence in your case and allow you to assist your them in defending you in your case. This can be accomplished by allowing your lawyer to read the discovery to you and allowing you to read the police reports in your lawyer’s presence.

What is the Illinois Supreme Court Rule 415?

Illinois Supreme Court Rule 415 (c) provides that any Discovery material given to your lawyer “shall remain in his exclusive custody and be used only for the purposes of conducting his side of the case.”.

Anthony Bettencourt Cameron

What do you mean by "said". If you mean this is somebody else writing down your brother's supposed utterances, the document itself is not admissible as part of the opponent's case-in-chief. If it is supposedly written down by your brother and someone testifies he wrote it out, then, yes, it's probably admissible.

Joshua Sachs

Yes, the statement can be used by the prosecution at trial. The prosecutor will have to present the testimony of a witness, probably a police officer, to the making of the statement who will testify to what the defendant said.

Alexander M. Ivakhnenko

Yes, such statements may be used at trial for the purposes against the defendant's interests unless excluded by a properly argued court hearing on merits.

Harold L. Wallin

Yes, it can. The defense can't raise the point that it was not signed to question the truth of the statement.

Do police handle criminal cases?

Generally, police handle criminal matters. If a person is facing a civil matter, such as being sued, having a dispute with a neighbor or going through divorce, he or she likely will wish to contact a lawyer. Law enforcement may not get involved in such matters if they are deemed a civil matter, although there can be times when civil issues segue ...

What to do if someone commits a crime?

If an individual has committed a crime, helped someone else commit a crime or believes that he or she may bare some criminal culpability, he or she should contact a lawyer before talking to the police. The lawyer can help advise the client about the next steps that he or she should take if the client wants to confess to the crime.

What is the duty of law enforcement?

Law enforcement’s duty is to protect the public. If another person has been assaulted, murdered, robbed or otherwise physically injured because of the conduct of another person, law enforcement will likely begin a criminal investigation.

Do you have to report a crime?

Usually, people are not required by law to report a crime. However, some individuals have a legal obligation to report certain crimes, such as perceived abuse on children or the elderly. There may be a special hotline that a doctor, teacher or psychologist must report the abuse, or the relevant statute may indicate that any communication ...

Can a lawyer negotiate a plea agreement?

Additionally, a lawyer may be able to negotiate a plea agreement if a crime is involved. If the individual knows particular information that may assist the authorities, the lawyer may be able to negotiate immunity for the client. Provided by HG.org. Read more on this legal issue.

What happens if you tell the police what happened?

If you tell the police what happened, they might understand and not arrest you or go easier on you. If you did it, admitting it to police officers makes the prosecutor and court go easier on you. Without a statement, an officer will arrest you because they do not know both sides of the story. Officers get angry if you do not give a statement ...

Why do police officers get angry?

Officers get angry if you do not give a statement and are more likely to arrest you. If they haven’t arrested you, you might be able to talk your way out of it. If they have arrested you, you still might be able to talk your way out of it. There are problems with these beliefs and assumptions.

What does a police officer do?

Officers collect evidence, write reports and support the charging prosecuting attorney in criminal prosecutions. Any promise a police officer makes is, at best, a good intention, or it is just another method a trained authority figure uses to induce you to give a statement, facts or evidence.

What is Robert Rhodes' background?

With a successful background in law, courtrooms, wrestling, rugby and jujitsu, Robert Rhodes’s nature is well-suited for argument and litigation. Mr. Rhodes knows how to talk clearly and directly to his clients, adversaries and to the Court. His common sense, straight talk and experience put his clients immediately at ease. Mr. Rhodes does not do anything half way and you will sense this when you meet him. Read more >>