Niceville, FL Criminal Defense Law Firms & Lawyers

You need to concentrate on getting her a private attorney. Only someone with a complete knowledge of what all the police reports and witnesses say can determine what would be appropriate under these circumstances.

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.

Since I do not represent you, I can only provide you with general information.  First, you have a right to remain silent.  The right to remain silent is not just for persons who are guilty -- but equally, or often even more, important for an innocent person.  Even if the detective comes to your home, you still have the right to remain silent.  Unless you are subpoenaed (actually served with a subpoena from the state attorney's office), you never have to talk or answer questions -- not even if the case goes to trial.  Sometimes people think only the guilty remain silent.  Not true!  Or often law enforcement officers will try to make it look as if you must have something to hide -- or you would answer their questions.  That, also, is wrong!  The innocent need the protection just as much. Often law enforcement officers will tell persons that if they don't answer questions about the alleged incident/complaint, they'll arrest them.  They cannot arrest a person for not answering questions regarding the investigation.  They can only arrest you if they already have probable cause to arrest you.  Once they arrest you (i.e., you are not free to leave without their permission) they are required by law to tell you your "Miranda rights" -- which is the right to remain silent and that if you talk, anything you say can and will be used against you in court.  So usually law enforcement officers try to get you to talk before arresting you.  That way they aren't required to let you know about your right to remain silent.  But, assuming they have probable cause, they can arrest you as soon as they finish talking to you.  A person is more likely to talk if he doesn't think he's getting arrested - and if he doesn't know he has the right to remain silent.  Again, you have that right -- even if you are not under arrest.  So the best advice I normally give to my clients early on is:  "you have a right to remain silent; that right is for you regardless of whether you're guilty or innocent; you should exercise your right to remain silent regardless of whether you're guilty or innocent; if you are charged, you have a right to an attorney -- even if you cannot afford one; once you have an attorney you can discuss with your attorney whether you want to answer any questions.   If a law enforcement officer says he/she will arrest you if you don't talk, then it is almost certain the law enforcement officer will arrest you anyway -- but he/she often will wait until after you've answered their questions.  Sometimes officers will say they won't arrest you that day if you talk to them -- but often they'll come back a day or so later and make the arrest.