A friend got a dui charge, I was riding with him that day.
He has been trying to get me to contact his lawyer/investigator but I was really drunk and don't remember the night well.
Do I still have to talk to his lawyer?
2007-11-01 19:57:08 · 15 answers · asked by SuperSxyVixen23 1 in Politics & Government ➔ Law Enforcement & Police
Generally speaking, a witness or potential witness (at least in the U.S.) is not required to speak to any investigator of any party. However, if they believe that you have important information and you refuse to talk, the next step is to issue a subpoena. If you are issued a subpoena and brought into court, you will have to talk at that point.
My own position is that it is probably less inconvenient for you to talk to the investigator and tell that person what, if anything, you can remember than be put in a position where that attorney has to subpoena you to avoid committing legal malpractice.
2007-11-01 20:03:19 · answer #1 · answered by Tmess2 7 · 1⤊ 0⤋
You don't HAVE to do anything... Call the lawyer/investigator and tell them you were too drunk to remember anything... If THEY want to hire a hypnotist or something to jog your memory, let them.
I wouldn't be afraid of a lawyer/investigator.... A judge, maybe, but a lawyer can't do anything to you.. plus, he's working for your friend, so he will protect you rather than hurt you in any way.
2007-11-02 03:04:21 · answer #2 · answered by A W 5 · 0⤊ 0⤋
You never have to give any statement to a lawyer. It is the enforcement agencies duties in any investigation but you are entitle to be represented by your council if you intend to give any statement. The best way is to ask for a council to represent you before you speak anything as you a not a professional to defend yourself in any way as you could be implicated for no reasons.
2007-11-02 03:04:57 · answer #3 · answered by tony ret8065 2 · 0⤊ 0⤋
I would. Even if you couldn't relate the exact chain of events, it may be important to tell what you know; where you went drinking, how much you each had to drink, height/weight of your friend, etc.
Perspective: at worst, your statement gets thrown out due to impairment or the hearsay rule; at best, it helps your friend's case. Either way, you only lose the time and the words.
2007-11-02 03:03:44 · answer #4 · answered by jrsydevl74 2 · 0⤊ 0⤋
he did get the dui giving you a ride,, least you can do is talk to his attorney,, trust me , if you are going to damage his case, the attorney wont use you as a witness..
2007-11-02 03:02:11 · answer #5 · answered by V H 1 · 0⤊ 0⤋
if it's going to incriminate you in any way then no. And if it's his lawyer then you dont have to. The state may ask you to though in which case would unless once again, it would incriminate you in any way.
2007-11-02 03:01:16 · answer #6 · answered by dane j 2 · 0⤊ 0⤋
Are you currently legally required to give a statement? No. Can they subpoena you and make you testify? Yes.
2007-11-02 03:00:36 · answer #7 · answered by modoodoo76 5 · 1⤊ 0⤋
Short answer, No you have the right to remain silent. Unless that is you are brought into court.
2007-11-02 08:21:08 · answer #8 · answered by wtpd601 2 · 0⤊ 0⤋
No, but he can subpoena you to appear as a hostile witness if necessary.
2007-11-02 10:08:50 · answer #9 · answered by WC 7 · 0⤊ 0⤋
You can give a statement that " you don't remember a thing." Period. That IS your statement, so give it. No harm. No foul.
2007-11-02 04:45:37 · answer #10 · answered by Anonymous · 0⤊ 0⤋