Don't Talk to Cops

[Winnie]

I apologize counselor, just wasn't aware that you said the same thing. Glad you did though--makes me feel better. But now, here's a question:
Say I find myself in a situation where I would need a criminal lawyer. But I don't have a lawyer on stand-by because I never needed one before. What do I do, how do I choose one quick?
(Don't know if Jerry Spence would pick up the phone and I wouldn't be inclined to call 1-800-innocent)

Now this is something I would like an answer to as well. I'm in the same position as you Bee, the only time I needed a Solicitor was to prepare the papers for my divorce.

[Pal334]

You post this, yet you distrust the Arizone LEO's to enforce what is basically a copy of federal law?

Perhaps you missed my point in that exchange. I question the legality of the state law. And then enforcing an illegal law

[Pal334]

And my poin tin "B"s question is, If you are potentially in trouble or the target of an iquiry of course you need a lawyer, if it is casual conversation, no you don't . This is a very obvious and prudent course of action

[Rick]

I think there are two points that need to be taken into consideration. 1). His audience. While we don't know for certain, there are hints within the presentation that he is talking to a class of legal students. Of course that would be his direction to them. Possibly to anyone but certainly to legal students many of whom will become defense attorneys.

2). His advice relates to a criminal investigation where you are a suspect, not "never talk to the cops". There is a huge difference between being a suspect in a case and a witness or victim of some crime. It may be intuitive in the post but I thought the distinction should be made.

[BENESSE]

And my poin tin "B"s question is, If you are potentially in trouble or the target of an iquiry of course you need a lawyer, if it is casual conversation, no you don't . This is a very obvious and prudent course of action

I agree with that and always believed it.
The eye opener was that even in a casual conversation it is not prudent to say anything at all even if you're certain it's the truth. That's what I'm trying to wrap my mind around because it goes against my grain.

[Ken]

Articles from yesterday's Boston Globe and Boston Herald. Just sayin'.


"Notorious Lowell Arson Case Cast in Doubt

The 1982 blaze was the deadliest in city history, and police within hours had an arrest and a confession. But a new look at the probe and trial finds reasons to wonder if justice was done."


http://www.boston.com/news/local/mas...cast_in_doubt/

http://www.bostonherald.com/news/reg...osition=recent

[BENESSE]

Rick, the lawyer was definitely talking to laws students but his advice included just regular mortals. Same with the cop in part 2. I am sure this doesn't include the scenario where say, you're an eyewitness to a traffic accident or a robbery...but I might be wrong. Ken?

[BENESSE]

I seen a Big book once with all kinds of Names and phone numbers in it

No way would I pick a lawyer out of a phone book. (or a doctor, for that matter)

[Ken]

ISay I find myself in a situation where I would need a criminal lawyer. But I don't have a lawyer on stand-by because I never needed one before. What do I do, how do I choose one quick?

Now this is something I would like an answer to as well. I'm in the same position as you Bee, the only time I needed a Solicitor was to prepare the papers for my divorce.

Here's the thing. You won't have access to a lawyer if you're in custody UNTIL you've been charged and taken to court, unless you've made some prior arrangement with an attorney or your family/friends obtained counsel for you.

Many of my clients carry my business card with a pre-printed message on the reverse side informing police that they have chosen to remain silent and want to contact me immediately. My phone number (which I won't post here) is impossible to forget so long as you know the area code.

When the police say, "If you cannot afford a lawyer, one will be appointed for you at no cost to you," they don't mean right then and there.

Almost without exception, a lawyer will be appointed (if the defendant qualifies due to financial circumstances) at time of arraignment.

Choosing a lawyer is like selecting any other professional. Ask around, do research, try to find out who other lawyers and the police contact when they are in trouble. I've actually had prospective clients attend every day of one of my lenghty (more than 1 week) trials before retaining me for their own case.

This isn't an exact science. And remember, a lawyer is only as good as the client allows him/her to be. If a client lies to his/her lawyer or doesn't follow the lawyer's advice, the lawyer has far less control over the outcome of a case.

[Ken]

Rick, the lawyer was definitely talking to laws students but his advice included just regular mortals. Same with the cop in part 2. I am sure this doesn't include the scenario where say, you're an eyewitness to a traffic accident or a robbery...but I might be wrong. Ken?

Ahhhhh, eyewitness testimony. So very, very inaccurate.

I remember a case where a police officer said to a client, "That's a nice car. Is it yours?"

As soon as the client said "yes" the troubles began. Seems a car fitting that description had been involved in a major incident the night before. And no, my client was NOT involved in the incident nor was his car. But as soon as he admitted the car inquired about was his, he became a suspect.

[BENESSE]

Ahhhhh, eyewitness testimony. So very, very inaccurate.

I remember a case where a police officer said to a client, "That's a nice car. Is it yours?"

As soon as the client said "yes" the troubles began. Seems a car fitting that description had been involved in a major incident the night before. And no, my client was NOT involved in the incident nor was his car. But as soon as he admitted the car inquired about was his, he became a suspect.

So what would you say?
Seems an innocent enough question...not answering at all (but just staring at the cop) would look weird.

[Ken]

So what would you say?
Seems an innocent enough question...not answering at all (but just staring at the cop) would look weird.

Something non-responsive, like "red isn't my color." Then, I'd keep on walking. If the officer persists, you know you're a suspect and that it's time to clam up.

One thing I forgot to mention is the fact that the rules of evidence (and the Fifth Amendment) preclude evidence of the fact that a suspect refused to answer questions from being introduced at time of trial.

Now, class is in recess. I'll answer all of anyone's questions later, but I have to be in court at 9:00. Bye, bye.

[BENESSE]

Hopefully, a little common sense goes a long way.

http://www.youtube.com/watch?v=uj0mt...eature=related

[Trabitha]

Don't have the time to watch the entire thing yet...but what I DID get through implied that one should not speak to cops because LAWYERS will spin it on you. If that's true...when did the cops become the 'bad guys'?

[Justin Case]

when they were given arrest quotas .

[Beans]

I spent 5 years as a "Street" LEO and 26 years as a State investigator. I am now retired.

What seems as casual conversation is a very good interrogation technique . What you do with the information is what separates the very good LEO from the just another LEO.

The information obtained can make a person a "person of interest" or just another "interviewee".
If you do it correctly the person you are "interviewing" doesn't have a clue what you are asking or the information he/she is offering up.

Watch the old TV show "Columbo" and really watch what he is doing when he is trying to obtain information

[Justin Case]

"umm. just one more thing",, LOL, I loved that show !

[2dumb2kwit]

Perhaps you missed my point in that exchange. I question the legality of the state law. And then enforcing an illegal law

Either way....you're still one of my heros! LOL

[Ken]

Either way....you're still one of my heros! LOL

How about me? Am I one of your heros, 2dumb?

[Justin Case]

So is Ken the wind beneath your wings 2dumb ?