Can a Prosecutor Question Me Outside of Court Without My Attorney Present

**cmb3152** · 03-07-2011, 06:54 AM

My question involves criminal law for the state of: Arizona.
Is it legal for a someone from the prosecutor's office to pull me aside after court and ask me questions without my attorney present?
I failed to appear in court 3 years prior on felony charges, the prosecutor pulled me aside after court and questioned me about why I didn't make it to court 3 years prior.
The next court date I had a new charge of 1st degree FTA on top of my original charges.

**flyingron** · 03-07-2011, 08:51 AM

Did you answer anything? Regardless of the situation, the correct behavior on your part is "I'll need to have my lawyer present."
It would be indeed improper if it were with regard to the case in progress. If it was for the new case not yet commenced, it might be allowable.

**cmb3152** · 03-07-2011, 09:36 AM

Unfortunately I did answer the questions.

I was arrested back in 2005 on poss. of mariana and paraphernalia.
I missed a court date but had talked to my public defender at least 3 times that day stating I couldn't make it.
He said he would rep me in court but a warrant was issued anyway.
In 2008 I turned myself in and it was at my second court date for the original poss of marijuana and paraphernalia that a prosecutor approached me as I was leaving out the court house to go home.
He had us go into a room and he sat a voice recorder on the table and then asked me what happened the day back in 2003 that made me miss court.
he asked if I was in the hospital and I said no but I was in touch with my lawyer all day.
The next court date after he questioned me I was charged with 1st degree failure to appear in court, plus my original charges .

**flyingron** · 03-07-2011, 09:41 AM

You relate all of these circumstnaces right away to the lawyer.

**KeyWestDan** · 03-07-2011, 03:39 PM

Never talk to the prosecutor without an attorney present.

The DA/SA probably didn't do anything wrong as I doubt you were still represented on the original charge and you weren't represented on the failure to appear yet. It probably wouldn't have made any difference either way though.