If all you have is $700 for rent you can get a public defender.
Look, the cops are not going to hold you just because you asked to speak to a lawyer. Either they have evidence to hold you or they don’t. What you say isn’t going to talk them out of arresting you.
You can not talk the police out of arresting you, all you can do is talk them into arresting you.
Like I said- they either have enough evidence to arrest you or they don’t. They will not hold you just because you asked for a lawyer. Whatever you say will not talk them out of arresting you, but it may well talk them into arresting you.
If you say you want to speak to your lawyer they have to stop questioning you. They do not have and likely will not hold you until you do have a lawyer. They either will arrest you or let you go. If they arrest you, you will call for bail, get bailed out, then speak to a lawyer when you have a chance. If you can’t arrange for bail, they will take you before a judge who will appoint a lawyer to defend you if you can’t afford one.
Well, sure, you can talk to the cops. You can give the basics of what happened, you are talking to the police as a witness/victim. But once they start questioning you as a suspect (generally they read you your rights at that time) you have to shut up. NOTHING you say will then talk them into letting you go.
Agreed, if they don’t have probable cause they better have a warrant.
They do not have to read you your rights unless they have arrested you. If you are standing there chattering to them it matters not if they think you are a suspect. No rights will be read to you and they’ll be happy to let you talk and talk.
Maybe in the course of what you are telling them your story you inadvertently get yourself in trouble. Perhaps, in the OP, they figure the guy did break in and you did defend yourself but they decide you went too far in subduing the guy and you are now in trouble and both of you will go to jail.
If you’ve had a will made out, or some such legal work as that, then you have the name of a lawyer. If not, shop around, and find one that will do that sort of thing for you. It probably won’t even cost you the price of getting a will made to have him/her on retainer for this sort of thing. I remember my lawyer’s name, but not his number, so I’d have to look him up in the phone book, but I do have one to call. Find one now, just in case.
Hey… What’s that big funny-looking metal thing on the end of your broomstick? Looks kinda sharp! 
They will not arrest you for asking for a lawyer. But if someone was seriously injured and there is probable cause that you caused the injury, and you will not utter a word without your attorney, you’re going to jail. They will then give you an attorney, and you will go from there. You get your rights; they just don’t always come fast. The tenant of not saying anything without an attorney is not to protect against jail, it’s to protect against conviction.
If the circumstances are clear (say home invasion where I miraculously defeat a marauding home invader, family witnesses, my closed circuit security system caught everything on tape, suspect is armed and forced his way into my house….) and I am confident in my ability to speak rationally about the situation with a good understanding of my local laws… I would feel reasonably safe giving the police the basic information, and I don’t think I could make a mistake that would result in my arrest or conviction. If at anytime I felt differently I would certainly invoke my right to counsel.
My point is, with clear apparent circumstances and communication you may be able to avoid both. Maybe my experiences with law enforcement have jaded me, but while I have witnessed illegal entries, bullies, and insulting officers, I never felt like I was in danger of getting bamboozled. Then again, I walk a pretty straight line, don’t drink, don’t yell, just been in the wrong places at the wrong time.
**Knowledge of local laws and your own actions are paramount before talking to the cops. I’m assuming pretty cut and dry circumstances, but if you don’t know for sure whether you did something illegal, or there is any gray areas, then I would consult an attorney before saying anything. Also Whack-amole you are correct about “chatting”. That can all be used against you and it is probably being recorded.
King Gorilla, think of it this way. Should the police ever believe someone when they say they’re innocent?
I don’t think so. That means there is very little reason to ask a suspect what happened in order to figure out what happened. If they do ask, it’s almost always to secure a conviction.
If they think you’re innocent, and you ask for a lawyer, they’re not going to change their mind.
Glad you watched the first one. The second one is a police detective saying the first guy was right.
We can come up with hypotheticals all day.
The main points to take away from that guy’s video are:
Supreme Court justices have opined that talking to the police is a bad idea.
Talking to the police cannot help you. Note where he points out that a statement you make that would be exculpatory will be challenged as hearsay. What you say to them can ONLY be used to convict you. Says so in your Miranda Rights (there is nothing in those rights that says they will exonerate you but rather WILL be used AGAINST you).
No matter how much you think you know the law you don’t know a fraction of it. Things you say could get you in trouble for things you never imagined. Even lawyers cannot be aware of all the law that is written. The layman certainly doesn’t. As I mentioned perhaps you did defend yourself from a home invader but some states have a “duty to retreat”. Most would think defending their home would be peachy. It might not be (depending where you live).
In short, you have the advice of legal experts including lawyers, Supreme Court justices and police detectives all telling you to STFU when confronted with the police but you want to maintain you know better. It was noted that any lawyer worth a dime when a client calls and asks, “The police are here. Should I talk to them?”, will respond, “Shut your trap, I’ll be there as soon as I can.”
Your choice, you can do what you want if in such a situation. Me, I’m going to go with what the professionals are all saying and in agreement on. STFU when police start asking you questions.
(Caveat to that is if you are a witness and not a potential suspect. Feel free to help the police in cases you are not involved in except as a witness to events.)
True, and if you say something, in those circumstances, you’re also going to jail, and the police now have your statements admitting what you did.
Read what Whack-a-Mole said "*2) Talking to the police cannot help you. Note where he points out that a statement you make that would be exculpatory will be challenged as hearsay. What you say to them can ONLY be used to convict you. Says so in your Miranda Rights (there is nothing in those rights that says they will exonerate you but rather WILL be used AGAINST you).
It is true that sometimes you will go to jail if you “lawyer up”* but you will always go to jail if you spill your guts. (Under the same circumstances).
There are instances where the cops can clearly determine self-defense and who is and isn’t guilty… but odds are you, in your highly charged, emotional state, won’t know which situations those are.
I know of an instance where a friend of mind smashed someone over the head with a lead pipe. Sure, the police questioned him and it looked like he might be going to jail. Then again, the gas station security camera got it all on tape, and it was clear that the assailant approached his truck, reached in, grabbed him, tried to physically pull him out of the truck, there was a tussle where my friend was very clearly trying to physically push the guy away, the violence escalated, and that’s when the lead pipe showed up.
Then the cops discovered my friend’s .45, up in the truck cabin.
Well, let’s see - it’s on tape who started it, my friend clearly tried other means to discourage the guy first, did not use the most lethal weapon at hand, and several witnesses not only confirmed events but also confirmed my friend tried to verbally ask the guy to break off, stop, etc. He got to go home that night. Despite that, he did have to go before a judge. OK, got that? Even when it’s clearly self defense you can still wind up in front of a judge.
Even if you get to go home that night you can still be called back to account for yourself later. Even if you go home that night, it might be a good idea to get the name/number of an attorney, just in case.
Except that quite a few DA’s will file premeditated murder charges for a head shot, calling it an execution.
If you shoot someone, you’d better be REAL sure that you can prove that you had a reasonable fear for your life and safety, the “He’s a big guy” is not going to sail well.
“He had a knife, I told him to stop, I was armed and I would defend myself.” IS a reasonable fear, IF he had a knife or something that may look like a knife.
It’s the reasonable person test, what a reasonable person would expect to feel in that same situation.
What is really screwed up is, I was trained in the military, due to the nature of our mission, for double tap to the head, zero reflex…
Bleh. I was asked a few times as to what happened, when a repeat offender offended either against me or in my presence.
I DID answer truthfully regarding the nature of self-defense or the defense of another.
It partially depends on the police officer, the circumstances and situation though.
In my case, the perpetrator was either armed or I had 20 witnesses.
I’ll only conditionally agree with what you say. The police overall are normally reasonable and if it sounds valid, they’ll file a report and let it percolate up the chain of command.
The duty to retreat IS true, we had a duty to retreat in Pennsylvania until only a generation ago, even from your own home. One STILL has a duty to retreat on the street, unless there is no reasonable way to do so (such as a criminal holding a firearm upon you or drawing the same).
I’ve had two mugging attempts by idiots in my park, while I was walking through it. Both times, I noticed their approach, was suspicious and prepared. In one case, the idiot had his pistol showing, as his jacket was hiked above it. I obviously drew my pistol discreetly and while he made the quick approach and tried to draw it, mine came up a bit, aimed at his family jewels and advised he drop it on the ground, rather than draw it from his waistband. He wisely complied, then wisely awaited the arrival of our local police, who were summoned by cell phone.
The other was met with mine behind me, in my hand. He drew, I aimed again at old blue. I wasn’t in such a good mood and I’m amazed that I wasn’t arrested, but I had him drop his weapon, suggested that his shoes were my size, his pants were nice too, my cousin would like his shirt… At the end of it, he ran away, disarmed and naked.
But, the local cops knew me well in a good way by then and laughed, thankfully for me, as a similar case happened a week later and THAT guy went to prison for armed robbery of an armed robber.
Oh, I also have a CCW permit, which allows me to carry concealed.
For others, I suggest learning your local and state laws. What the state allows, the county and/or community may not allow. ESPECIALLY a duty to retreat.
DO NOT GO OUT LOOKING FOR TROUBLE, you’ll find it and end up in prison or worse.
My examples weren’t me looking for trouble, I literally was going across the park to a bar to pick up a beer and bring it home. And to be honest, I projected my attitude, I really didn’t care if we went down together, but then, I’m in chronic pain from my military experiences… Criminals seem to be able to read that attitude and never want to challenge it, in my experience. But, I’d not willingly chance it, as inevitably, I’d find one that WOULD challenge it, to bad results for one or both of us.
And I rather doubt that the judge or jury would accept emasculation of a suspect as self-defense.
So, the safest path: Do everything reasonable to avoid violence, always. Then, get unreasonable by a bit in avoidance.
THEN, if all else fails, do what you have to do to see tomorrow.
THEN, calm yourself down while awaiting the police, you can crap your pants later, if you didn’t already, it’s actually a natural reaction…
THINK about what you want to say, if it doesn’t sound like Jesus forced into that corner and all, advise that you’d like to consult an attorney to make a full statement, you were attacked and had no choice but to defend yourself.
And if you DO get home that night, don’t be surprised if you get a questioning by the DA later…
Someone laying on the floor fscked up is rather a lot of probable cause…