3 reasons to not speak to anyone without talking to your lawyer first. ANYONE.
Given a street-crime scenario when you were accosted without any provocation and defended yourself.
Chances are good your assailant is a minor - doesn’t matter how big he is.
Chances are pretty good this all took place steps away from his home.
Chances are pretty good every witness knows him or his family.
This makes things look pretty bad for you in criminal and civil court, so I wouldn’t assume anyone on that scene is safe to talk to and I wouldn’t assume that anyone who approaches you about this situation at any time afterwards is acting in your best interest.
The justice system’s treatment of Martha Stewart and Barry Bonds should be a wake up call to all Americans that the justice system is just as likely to screw with the victims as the perpetrators. Stewart was a victim of insider trading, they treated her like the perp. Bonds thought he was being asked about something like counterfeit Bonds memorabilia when they switched the subject to steroids. Both were millionaires and it severely damaged their lives. This kind of treatment would completely ruin the life of someone who wasn’t stinking rich. Both were nailed on lying to the cops on subjects unrelated to what they thought they were talking about.
The best way to avoid being charged with lying to the cops is to not talk to them at all. And a lawyer is the best way to facilitate that, or to get them to stop going off subject.
The cops do not need you and they expect the same.
I’ve seen these before, and they should be watched by anyone who isn’t sure whether they should talk to the police or not.
The problem with my hypo in the OP is that if I don’t alert the police as to what happened, they might not interrogate my attacker right away. If I do alert them, then there is a better chance they could get a confession from the attacker and I can stay out of jail.
“I was in fear for my life, and I want to talk to a lawyer” sounds like the best thing to say in this situation.
I’m also curious about pseudotriton ruber ruber’s question. Practically speaking, if you ask for a lawyer, the police will either arrest you or leave you alone. If they wait for a lawyer, the lawyer will simply tell you to stay quiet.
However, in a self-defense situation, where you and the attacker are the only witnesses, the police might want your statement. In that situation, if you don’t have a lawyer, what are you supposed to do?
Uhh…. There seems to be a lot of paranoia on this board. The cops I have had contact with have been at best: Hard working men/women doing a difficult job. At worst: IGNORANT lazy morons doing a difficult job. I have encountered cops who initially thought I had committed a crime, explained myself, and was fine. I have had to explain why I caused physical damage to an individual in defense of myself/others. They did not attempt any nefarious black magic or verbal ninjutsu to pin a charge on me. Sometimes I was left extremely pissed my tax dollars was going to a mouth breathing idiot(s)…but never did I feel like I was in danger of getting Shawshanked.
Cops don’t have a crystal ball. They have deductive reasoning, bad guesses, or both. When speaking with cops, don’t be one of the screaming, angry, idiots they’re used to seeing. Common sense is required for talking to police, if you don’t have any, then wait for a lawyer. FYI, most places, you don’t get a lawyer right away (especially if you can’t pay for it), until you’ve been charged and had an initial arraignment.
Well, do you know anyone who is a lawyer, even second hand? If so, get that (say Family law or Tort specialist) attorney to suggest someone. Your employer may have some sort of legal service plan. You could try the public defenders office. There’s Legal Aid, and so forth.
When speaking with cops, keep your mouth shut and don’t speak to them.
I don’t care how smart or full of “common sense” you think you are, you’re going to say something that could become a building block of a case against you if the guy you were defending yourself from is a lying prick, or is dead. Doubly so if the cop you’re talking to is more interested in making a case, any case, than actual truth and justice - and you can’t know that by looking at the officer.
It’s not paranoia, it’s good sense. Lawyer the fuck up, and don’t ever talk to the police directly. In the US at least, this course of action can never lead to worse outcomes for you, and can prevent some unjust ones.
The corollary to “don’t say anything” is ‘don’t consent to any searches’ either. No, it’s not OK to look in my car. No, it’s not OK for you to look around.
Don’t resist anything, even if they search anyway, but don’t consent to anything.
And the common sense is STFU and get a lawyer. We didn’t suggest being a “screaming, angry, idiot”.
It does not matter how reasonable the cop you’re talking to is. Maybe the local DA is running for higher office and he decide to make a example of you- maybe you used a gun, and he thinks guns are eviiiil. So, he’d use whatever you said to the cop against you. In America, “I want to speak to my attorney/ am I free to go” can’t be used against you. Anything else can.
You can consult with a lawyer at any time. But yes, we’re not saying you must speak to a lawyer early, it is just that the magic words "“I want to speak to my attorney/ am I free to go” means they have to stop interrogating you and in most cases anything you say after that IANAL can’t be used against you.
For some reason I locked on to this. I actually have had to hurt another person in self defense, but in none of those situations do I recall myself being “without a scratch”. It’s surprising how beat up you can get defending yourself.
I also recall the time my spouse shot a would-be truck thief with our crossbow. The discussion with the cops who showed up was not particularly comfortable, even if it was well known there was a violent car thief in the area and they saw and retrieved the suspects very long knife from the driveway, and my spouse also being a visibly handicapped person at a distinct disadvantage in any physical confrontation. No charges, no trip to the police station, no lawyers involved, but even so the question and answer session wasn’t a happy occasion. Someone less level-headed could have easily screwed themselves over talking to the cops in those circumstances.
It is possible to report such an incident and speak to the police without being arrested or charged, but if you speak to them without a lawyer you are taking a risk. You might get reasonable, intelligent cops who can look at a particular situation and determine yup, it was clearly self-defense. At other times, you can get, shall we say, more ambiguous results.
I agree it’s best to have a lawyer, but again, for some people that’s not realistic. Are you gonna use your $700 for next month’s rent to pay a lawyer? Or are you gonna get thrown out of your house?
Are you gonna sit in a police station for a day or so, till you get a public defender and have your neighbors call the department of children and family services to come take those kids away?
Look no one is saying a lawyer isn’t your best option, but you have to be realistic. One thing I learned over the past few years as a person who went from having money to not having anything, is poor people have very few choices, sometimes you only have bad and worse.
And it’s the ignorant lazy morons who are likely to latch onto the first, most obvious “perp” as the “guilty” party. That might be you. Talking to them only helps them lazily railroad you, instead of doing things the hard way, and establishing the actual situation.
Rat Avatar made a very good point about why not to speak to the police in this situation - it’s not paranoia about evil cops, but knowing that you, in a situation that you’re very much not used to, might accidentally say something that makes you look bad.
‘I’m sorry, I’m too shocked to talk right now - I need to wait till my lawyer gets here.’
I’m a parent and I’m self-employed, so spending a night in lock-up waiting for a lawyer (if they took that long) would be shitty, but much less shitty than years in jail. And I’m also in a country where the right to silence is not absolute:
You do not have to say anything. But it may harm your defence if you do not mention when questioned something which you later rely on in court. Anything you do say may be given in evidence.
Saying ‘I’m too shocked to talk’ after you’ve been attacked and then been forced to hurt someone would be reasonable grounds for not mentioning something which you later rely on in court.
If you’ve hurt someone bad enough that they need an ambulance, won’t you be haiuled down to the station for questioning anyway?
As I understand the Criminal Justice and Public Order Act 1994, this only applies if the interview takes place at a police station or other “authorised place of detention”. When questioned at the scene of the crime you have no such protection.
