S/O - why ask for an attorney before speaking to police?

[Anonymous]

Anonymous wrote:so forgive if this has been asked - I don't understand how he went to the police station to get lawyer and then somehow hired a private attorney. Wouldn't you go to the police station to be assigned public defender?

No

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Excellent summary. I'm a prosecutor and I would never talk to the cops without a lawyer present.

I'm a lawyer but have no background in criminal law. However, all of my friends who do--whether they are prosecutors or on the defense side--are unanimous on this sentiment.

Sadly, yes it is naive to assume that if you are innocent you do not need an attorney. Without even assuming that there are malicious intentions on the part of the police or even sloppy policing, mistakes are made or assumptions are made. Or YOU can slip up and make an innocent mistake that ends up looking like a lie. It really can become a mess.

Not only are innocent people convicted of crimes, it is a traumatizing ordeal to be put through the process of being arrested. I had one experience in law school for a class visiting a jail on basically a field trip and it changed my life. Innocent until proven guilty--only if you are arrested and even taken to jail pending trial, my god, you are dehumanized even being processed. Being arrested and processed can be an intimidation tactic. Interrogation can be an ordeal. Opening your life, opening your house, ransacking your home. Really you never know the can of worms that can be opened.

NEVER be afraid of asking for an attorney and having it look as though you are guilty. It only sends the signal that you value yourself. I would not be questioned by police without counsel any sooner than I would have heart surgery without an MD.

+1

[Anonymous]

Wonder if they didn't charge him because they were looking for more evidence but also because they knew if they did, he would have a right to an attorney and would probably invoke it. So they were hoping he would cooperate without a lawyer telling him to clam up.

[Anonymous]

Anonymous wrote:Wonder if they didn't charge him because they were looking for more evidence but also because they knew if they did, he would have a right to an attorney and would probably invoke it. So they were hoping he would cooperate without a lawyer telling him to clam up.

PP again. Read that the police chief is also a lawyer.

[Anonymous]

Anonymous wrote:Wonder if they didn't charge him because they were looking for more evidence but also because they knew if they did, he would have a right to an attorney and would probably invoke it. So they were hoping he would cooperate without a lawyer telling him to clam up.

You don't need to be charged before invoking your right to representation. You will not get a public defender to represent you without charges but you can certainly retain an attorney at your expense before answering questions posed by the police. In fact, if you are faced with legal exposure that is precisely what you should do.

[Anonymous]

So what if you aren't yet charged and also can't afford an attorney? Just don't talk to the cops?

It would really irk me to be innocent and have to pay for an attorney.

[Anonymous]

Anonymous wrote:So what if you aren't yet charged and also can't afford an attorney? Just don't talk to the cops?

YES

It would really irk me to be innocent and have to pay for an attorney.

Happens all the time.

[Anonymous]

Anonymous wrote:

Anonymous wrote:So what if you aren't yet charged and also can't afford an attorney? Just don't talk to the cops?

YES

It would really irk me to be innocent and have to pay for an attorney.

Happens all the time.

So basically cops and lawyers could work together to scam innocent people and put more dough in the lawyers' pockets?!

[Anonymous]

The cops will make your life a living hell if they think you committed a crime getting massive media attention and can't bring you in.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:So what if you aren't yet charged and also can't afford an attorney? Just don't talk to the cops?

YES

It would really irk me to be innocent and have to pay for an attorney.

Happens all the time.

So basically cops and lawyers could work together to scam innocent people and put more dough in the lawyers' pockets?!

Why would the cops do that? They hate defense attorneys.

[Anonymous]

What if the police just was asking local people for information (what did you hear, did you notice something, when, etc)? Should you refuse to cooperate with the police without a lawyer under all circumstances? Do the police ever try to trick you into thinking you aren't a suspect so you say something incriminating?

But if no one ever talks to the police, how will they ever catch the real criminals?

[Anonymous]

Anonymous wrote:What if the police just was asking local people for information (what did you hear, did you notice something, when, etc)? Should you refuse to cooperate with the police without a lawyer under all circumstances? Do the police ever try to trick you into thinking you aren't a suspect so you say something incriminating?

But if no one ever talks to the police, how will they ever catch the real criminals?

Sadly, there are places where most of the community do not help the police by telling them what they saw or heard because they fear repercussions from the criminal or gangs.

[Anonymous]

Anonymous wrote:

Anonymous wrote:so forgive if this has been asked - I don't understand how he went to the police station to get lawyer and then somehow hired a private attorney. Wouldn't you go to the police station to be assigned public defender?

No

um okay. care to elaborate?

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:so forgive if this has been asked - I don't understand how he went to the police station to get lawyer and then somehow hired a private attorney. Wouldn't you go to the police station to be assigned public defender?

No

um okay. care to elaborate?

NP - you aren't entitled to a public defender until you're charged. And the police aren't the ones who provide it -- that's the court system's job.

[Anonymous]

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:

Anonymous wrote:so forgive if this has been asked - I don't understand how he went to the police station to get lawyer and then somehow hired a private attorney. Wouldn't you go to the police station to be assigned public defender?

No

um okay. care to elaborate?

NP - you aren't entitled to a public defender until you're charged. And the police aren't the ones who provide it -- that's the court system's job.

so why do i keep hearing he went to the police station to get a lawyer. maybe i've been reading it wrong. thanks!