Can I wait to give a statement for misdemeanor assault?

UPDATED: Oct 1, 2022

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Can I wait to give a statement for misdemeanor assault?

I’m being accused of misdemeanor assault by an ex-coworker from an incident that took place almost 3 months ago. The police would like me to give a video statement tomorrow but I would like to speak to a lawyer first. Can I be arrested if I tell them I want to speak to a lawyer before giving a statement?

Asked on September 21, 2018 under Criminal Law, Nevada


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You do not need to speak with the police at all, even if they come to your house to question you. The fact is that you should definitely consult ASAP with a lawyer regarding this. Do not submit to any police questioning, at least not without your attorney being present. The fact is that the police are trained and experienced in getting people to make incriminating statements about themselves or others. Again, consult with  local criminal law attorney.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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