In another thread someone mentioned that at a certain point one should say nothing to police other than to ask, “Am I free to go?” and if not, to aske to be allowed to speak to your lawyer.
Which made me wonder - how would you go about contacting a lawyer at that point? How many folks have criminal lawyers on retainer, not to mention carrying contact info with them? The guy who handled your real estate closing or wrote your will probably would be of limited use to you if you were arrested.
For me, I assume I’d call my wife (who happens to be a lawyer) and ask her to hook up with someone - probably one of my friends or an ex-colleage who I believe have done some crim work in the past. What would you do? Start thumbing thru the yellow pages? Or would you ask to speak with a public defender?
I, personally, would call my brother-in-law. As a patent attorney, he’d be useless to me, but he knows people who know people and he’d send someone good over.
Remember, if you’re taken into custody, they have to provide you with a lawyer if you don’t know (or can’t afford) one. And, contrary to popular perception, most state lawyers are very competent and professional.
I’d call our criminal attorney - Nick LUVS us!! Husband has had some “traffic issues” in the past.
Sorry - I’ll give you a serious answer. When it happened to my ex (he hit a kid with a BB gun - ACCIDENT - but got in trouble for it) he called me, and I went through the yellow pages, and talked to the first guy who called me back. He even had a groovy picture in his ad. But ex wasn’t held - he I-bonded out so the lawyer never had to go to the station.
If it were a real serious deal - I’d ask for a public defender, I suppose.
My favourite co-worker is an ex-P.D. and licensed in multiple jurisdictions so I’d call him.
Barring that I’d call my boss, who also has multiple licenses and used to work for the AG…though like a million years ago so I’d trust the young one more. Also, one of my boss’s licenses is for Hawaii so I don’t really see myself needing a lawyer there unless drinking too many Mai Tais ever becomes a crime.
I’d call my mom. She isn’t a lawyer, and I don’t know that she knows any lawyers, but I’d call and whine anyway. Maybe she could then get Dad to help her use Google and find a lawyer for me. (At this point we do not live in the same state).
Finally, they only have to provide a lawyer for you if you can’t afford one. Although it gets interesting, proecedurally, if you show up in court without one, refuse to hire one, yet insist on appointed counsel, even though you aren’t indigent.
Most of what you see on TV is wrong. That is where almost everyones knowledge of the subject comes from. No one has to provide you with a lawyer in all cases. Miranda only covers interrogations, not any time you are being held. Most of the time when you are in cuffs questioning is not going to be needed. You’ll probably be released on a summons or a judge will set bail on you. A lawyer may help during a bail reduction hearing but that won’t happen when you are first taken into custody.
A lawyer has to be provided for you *during * questioning only if you can not afford a lawyer. I have seen plenty of people turned down because they make too much money.
Your right to remain silent does not cover answering basic biographical questions. Your right to remain silent does not include a right to obstruct an investigation. One example I can think of is when 911 is called from a house. You can ask for a lawyer or a warrant all you want but if there is a suspicion that someone may be in danger in the house then the cop has a duty to go in.
I’ve never had to consider who I’d call in this situation. Oddly enough I’ve thought about who I’d call if my DAD called me from jail - his union rep, who would send us a lawyer.
I’d probably call my boyfriend who’d call the lawyer he works for. Hmm…another reason to keep the guy around
