Yup. See that’s where I get uncomfortable being compelled to provide a statement without representation. If the suspect was also an employee, I feel that would be justified, but I’d probably still insist on hiring my own attorney. The only thing that makes the hypothetical scenario a company issue is that it happened on company premises. If the same thing, involving the same people happened a block away while everyone was having lunch the company wouldn’t even be involved in the investigation.
Fair enough. IANAL. That’s why I’m still not saying anything to the cops without legal representation.
What do you think the attorney would be able to do?
The cop asks you what you saw. You answer. The lawyer is just going to sit there.
The attorney is there to advise me and represent my interests. Whether that’s keeping me employed or keeping me out of jail. If I have a question about one of my responses the attorney is not going to just sit there, he/she will answer my question about how best to answer.
In a legal sense, you’re not being compelled to provide a statement. i.e. You’re not required by law, or some regulatory requirement to do so. As a condition of employment, at least at my company, you’re required to participate in any workplace investigation.
It does seem odd to point out that the only thing that makes the hypothetical scenario a company issue is that it happened in the workplace. Yeah, I think that’s the entire point of the OP. If the OP were different then we’d be having a different conversation.
If my continued employment hinges on whether or not I provide a statement, then I am being compelled - it just isn’t the court or the police compelling me.
Ever? This is wildly over-reductive. If your child disappeared on their way to a friend’s house and the police came to investigate, this is what you would say when they asked you questions on the incident?! I get you should typically be wary of police interrogation, but this blanket advice does not seem helpful in all situations.
TBH, It’s far more likely that this situation would result in you being railroaded than the workplace attack.
in a legal sense, you absolutely are not actually. You are being pressured, but that is a different. You still have a choice in the matter.
Attorney here.
My first question to you would be what do you have to hide. If nothing, just answer their questions (and remember that sometimes the most honest thing you can say is “I don’t know” or “I don’t remember”)
If you do have something to hide, then you may have to decide to give up your job in order to stay out of jail.
But just know that an attorney has no magic powers. They can’t stop a police investigation, or prevent a company from exercising its hiring discretion about its employees.
So there’s really no value to be gained by insisting that you have one before you talk to cops, unless it’s because you in fact expect to be arrested. At that point, though, their value is really just to reinforce your decision to not cooperate. But you can do that on your own.
I’m trying to figure out how that would work to your advantage. Cops aren’t robots, and they can make inference and such.
Let’s suppose that the cop asks you if you recognize the guy who came into the office and caused violence. You don’t want to answer that question (he’s actually your drug dealer). So you pow wow with your lawyer; lots of excited whispering. The cop watches you and then listens as you finally offer a technically correct answer.
“I’ve never seen that man at this office.”
You think the cop is just going to shrug his shoulders? Or is the fact that you’ve enlisted a lawyer, and had to consult with them before answering a seemingly simple question, going to raise suspicions? Haven’t you now given the cop a reason to dig deeper?
You don’t need a lawyer just because the cops want to speak with you. You’re far better off answering their questions, and if you don’t want to be cooperative just give dull non answers so they think you are a moron and move on. “Uhhh…not sure about that.” “Couldn’t say.” “I don’t really know.” That’s how you handle the situation.
How about if your mother refuses to give you dessert if you don’t talk to the police? Is that being compelled?
You think that but what’s the legal basis for those things being treated differently as a reason for being terminated?
In terms of the OP. The answer is yes, in the US your employer can compel you to cooperate with the police just as much as they can compel you not to turn up for work drunk. On the other hand they cannot compel you to vote Republican.
That’s where I started off in this hypothetical until I got sidetracked by being accused of coming to work drunk and telling a coworker that I was going to just let her ex get away with it. In retrospect, I wish I’d have just kept my mouth shut and scrolled past.
And thanks for the free legal advice. That’s exactly what I would expect my attorney to tell me before I sat down with the cop.
I’m confused. So you WOULD’T give them every piece of relevant information you could think of (what they were wearing, when did they leave, did you notice anyone else on the street, etc.) in the hope that they could find your child? Instead, you would say, “I can’t tell you anything until I talk to my lawyer”?
Moderating
This thread has moved past the factual aspect of the OP (i.e. what does the law say in this situation) and into various situations which require speculation and opinion on how to interpret said laws. As such, I think it’s time to move this to IMHO (from FQ).
This, I’m sure any lawyer will tell you, is the worst possible plan. There is a reason the miranda warning says “Anything you say can and will be used against you in a court of law.” Not speaking can’t be used as evidence but being deliberately evasive can definitely be. As can being coaxed into outright lying which a cop can do fairly easily during an interrogation like this (which can be a crime in its own right).
I mean in the example in the OP it’s not likely the cops will have you pinned as a suspect, but if you really think that then just answer honestly and fully. Either answer fully or say nothing and risk getting fired. Being evasive and acting dumb seems like the worst possible option.