Generally speaking I understand it’s best to consult with a defense attorney before having a lengthy conversation with a police officer or prosecutor. Kevin Drum asks whether there are exceptions to this rule: [INDENT][INDENT][INDENT][INDENT] I have a question for any practicing defense lawyers in the audience: does it ever hurt to refuse to talk to police or prosecutors until you have a lawyer present? Is it ever the case that you lose, say, a chance at immunity if you demand to have your lawyer present before you say anything? And is it considered prosecutorial misconduct to repeatedly try to talk someone out of speaking to their lawyer, even after they’ve said they want to? [/INDENT][/INDENT][/INDENT][/INDENT] Wider context is with regards to an old case described in this link. Emphasis in original. I remind my fellow posters that this is GQ and the question involves facts about the law as practiced in the US. Illuminating international comparisons might be an interesting hijack though, after the question is answered.
I too would like to know if the police can legally offer you a deal that is conditional on you not talking to a lawyer first.
Before I would want to accept a “deal” form the police I would want to be sure the “deal” is legally binding. that is I would want it in writing signed by someone who had the authority to offer such a deal, and the authority to sign said “deal”. And with what I know about the law I would need to discuss the deal with my lawyer.
IANAL but I’ll suggest the obvious:
You’re a witness to a crime. There is video to the effect that you were simply a witness to the crime. You weren’t doing anything illegal. The police are asking you to help identify the perpetrator.
In this case, asking for a lawyer is generally just going to be wasting everyone’s time and make it more difficult for the police to do their job of protecting you and the rest of the populace. Potentially, they may look into you and see if you are guilty of stuff, simply because you asked for a lawyer without cause.
I would suggest that after the police read you your Miranda rights, ask for a lawyer every time … although the lawyer types here will certainly clarify this …
You aren’t being arrested, I assume they didn’t Mirandize you and probably can’t compel you to give a statement, or even stick around. On the one hand, I think it would be understandable for someone to say “I’m happy to give you a statement about what I saw, but I’d prefer to have my lawyer present (or have my lawyer write it and send it to you)”. I’m sure I/we could come up with a reason or two someone might say that.
OTOH, if this happened immediately after the crime, maybe the crime scene is still live and a someone is on the run and time is important and all they’re asking you is which way he ran, I could see them arresting you for obstructing justice. If for no other reason hoping that the handcuffs and the back of the squad car will get you to cough up the info they’re looking for. Of course, once they read you your rights, you can clam up until a lawyer is present.
I just want to know if the situation described is legal, not if it is advisable according to various opinions.
I can question you without reading your Miranda rights if you are not under arrest and free to go.
Even in that case if it were me I wouldn’t answer anything, but if I did I’d still want an attorney present and my union rep.
No. And the police cannot offer deals only the prosecutor can.
I doubt that the prosecutor would phrase it that way but it’s a standard in police dramas that the deal is being offered for only a few minutes. If you don’t take the deal now then there is no deal and you can take your chances at trial. I’m sure it never occurred to the prosecutor that you haven’t had time to consult your attorney.
Thanks pkbites.
Everyone, listen to the law enforcement officer. Don’t answer questions without an attorney.
I’m just saying what I would do. I am not a lawyer, it was not legal advice.
One interesting twist: police officers are permitted and even encouraged in some ways to lie to suspects. Lying to a police officer in the performance of his duties is a crime. Politely and repeatedly requesting a lawyer while refusing to answer other questions is recommended.
IANAL, this is not legal advice. Others more conversant in the law may find other gems there.
You are an experienced police officer…and this scares me.
How does it work out in your daily work day?
I assume that every day you talk to bystanders about the simple stuff. I doubt if it’s as dramatic as on TV, (with you holding your gun and asking which way the robber ran) But even simple stuff like a minor car accident, or a drunk disorderly conduct outside a bar, or a complaint by the neighbors about family violence…you surely have to ask the bystanders what they saw. And you certainly have to ask the person who called you to the scene and filed the complaint.
These are all presumably innocent witnesses, and-since you only just arrived at the scene , they know more about what just happened 10 minutes ago than you do.Surely you have to talk to the them.
Yet you offer blanket advice to us all: “not to answer anything”.
How do you do your job? And how should I, as a bystander, assist/not-assist you?
(yes, I’m a naive, “privileged”, middle-class white guy near retirement age, who’s never had any contact with the police, other than a couple of traffic tickets.)
Having a lawyer present is going to hurt you in the pocketbook; and lawyers charge serious money.
Suppose a police officer comes to your door saying, “I’m sorry, but I need to talk to you about your daughter. When did you last see her?” You have the right to insist upon consulting with a lawyer first, but if you do so, you are almost certainly moving yourself over from concerned parent to prime suspect.
(Of course that might happen anyway, depending on the facts of the matter).
I have a friend who once worked for Children’s Services in [largish conservative central American city]. Her advice: don’t let anyone in your house without a warrant, don’t talk to anyone without a lawyer. Mind you this is social services not even the cops.
Respect to pkbites and other straight-up peace officers, but you don’t want to play nice with the cops who won’t play nice with you, and civilians can’t tell the difference.
Don’t be a schnook. I’m talking about if you are being interviewed as a possible crime suspect or person of interest. Jeez! :smack::rolleyes:
That was my point about being read your Miranda rights … we should definitely shut up after that …
Getting pulled over late at night on weekends and holidays around here is fairly common … whatever lame excuse the officer has, they will ask if we’ve been drinking … that makes this a felony investigation, prison time if we blow 0.08% BAC (0.05% in Utah ISTR) … if we ask for a lawyer here, this fifteen minute pain-in-the-ass traffic stop becomes the rest of the night in jail waiting for the expensive lawyer to show up in the morning, and we still might get convicted in court eight months later …
Better to say “no” and apologize for changing two lanes at once instead of one at a time … maybe it’s my charming personality and beautiful head of hair but I always get off with warnings in these cases … then again, I don’t drive drunk … ever …
I have a friend who is a cop. His advice is never talk to a cop without your lawyer present. When my kids were little he talked with us as a group about this. He even played out situations (he was in uniform) and critiqued their responses.
He also talked about how it’s not just a few bad apples; but rather that the true minority is “good cops” who behave ethically and do not turn a blind eye to other cop’s misdeeds.
Legal, maybe, but suspicious as hell if you ask me. If the deal is on the up-and-up, and the police are really interested in making it, why in the world would they care whether or not you consulted your lawyer? The only logical answer to that question is that your lawyer may tell you things that they don’t want you to know.
So, you are interested in buying my used car, but you want to have a mechanic friend take a look at it first. I say, “No, you have to buy it right now.” You gonna’ buy it?