Posted by Carol on 4/28/06

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Here's question I just posed on the legal questions chat
board about the right to have an attorney present for any
questioning by law enforcement. We all agree about under
arrest, etc. What if the person is a material witness to a
crime? If they refuse to cooperate and talk to the
authorities isn't that obstruction of justice? I'm
thinking of the Ramsey case in CO. But how does one know
if they are just being questioned as witness or as a
suspect? They could conceivably become a suspect after
being questioned as a witness, depending on their
answers. It is my contention that anyone being questioned
for any reason has a right to at least have counsel
present. This is being hotly debated in our area right
now; potential witnesses that have refused to submit to
questioning on advice of counsel. Any thoughts?

Re: Questioning: witness vs defendant and right to counsel, 4/28/06, by Curmudgeon.

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