I was arrested and kept in a cell the night. I stupidly did not have a solicitor present the following morning for my taped interview, I want to know if I can go back to the police and request a solictor to be present and do another tape
2006-12-03 05:57:33 · 25 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
Need to change your story?
2006-12-03 05:59:37 · answer #1 · answered by Anonymous · 0⤊ 0⤋
When you were booked in at the police station you would have been informed of your right to have a solicitor present, and also during the interview and on tape, it's normal practice to remind you of this right again, so if you refused again, your refusal will be on tape and you're stuffed.
You can take a solicitor to court, but that interview tape and it's contents are disclosable and they will be transcribed and more than likely read out in court.
You will be able to dispute anything on the tape, but as taped interviews are done under caution you will also have been reminded on the tape that anything you say may be given in evidence, and that it may harm your defence if you do not mention something that you will later later rely on in court. Basically, if you come up with a great alibi now, the court will probably ask why you didn't give it on tape when questioned about the incident that led to your arrest.
If you feel your case is not too strong, I would advise sorting out a solicitor asap.
2006-12-03 08:11:31 · answer #2 · answered by THE BULB 3 · 0⤊ 0⤋
No you cant go back with a solicitor to answer the same questions, under PACE (Police & Criminal Evidence Act) you can only be interviewed once in relation to an offence, unless a court says otherwise. The original tape will still be part of the evidence.
You can apply for a copy of the tape of your interview and you solicitor if you have one now can advise you accordingly.
2006-12-07 04:56:49 · answer #3 · answered by rick_wenham 2 · 0⤊ 0⤋
You can always ask. But they will still keep the first taped interview, and they WILL use that in court against you; irregardless of any second interview. You need to hire a lawyer. You can't go back now and change anything. Sorry. They read you your Miranda rights, that say, in part "...anything you say CAN and WILL be used against YOU in a court of law...". The only possible chance you have is if they did NOT read you these rights. That's true in all 50 states. But the police, I'm sure, DID read you these rights; as they know they have to.
2006-12-03 06:02:29 · answer #4 · answered by MrZ 6 · 0⤊ 0⤋
See a solicitor about this. The police should have asked if you want a solicitor present.
2006-12-03 06:16:43 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Where are you from? Your question is been showed up in Brazil.I don't know what's going on with yahoo. We often see your questions.
Well. I don't how the law works in your country, but it would be better if you get a solicitor, because you can have problems in the future.
Good luck and Merry Cristmas.
Lollypop.
2006-12-03 06:04:14 · answer #6 · answered by pirulito 5 · 0⤊ 0⤋
No,you can't have it re-done,but you can have a solicitor request a copy of the interview.
2006-12-07 04:35:23 · answer #7 · answered by nicky dakiamadnat600bugmunchsqig 3 · 0⤊ 0⤋
no you can't but you can take a copy of the tape to a solicitor
2006-12-03 05:59:09 · answer #8 · answered by cereal killer 5 · 0⤊ 0⤋
No you can't, just make sure you have a solicitor with you if you have to go back,
2006-12-03 06:09:01 · answer #9 · answered by Tara 4 · 0⤊ 0⤋
ask at the citizens advice or a solicitor to find out your rights
2006-12-03 06:01:05 · answer #10 · answered by Bella 7 · 0⤊ 0⤋
Sounds like you're out of luck, you should never answer police questioning without a lawyer present.
2006-12-03 05:59:32 · answer #11 · answered by Jim 1 · 0⤊ 1⤋