S/O - why ask for an attorney before speaking to police?
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Anonymous
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Forgive my ignorance, but all this talk about about criminal behavior prompts a question:
- why is it advised that someone not speak to police without an attorney? Why ask for a lawyer first? And a follow-up: why ask for a lawyer even if you are completely innocent? Do I have too much faith in our judicial system to assume that if I am questioned for some crime with which I have no participation, that I don't need a lawyer to help me answer questions? Conversely, but relatedly, if I am guilty of a crime, what is it that a lawyer will do for me if am in fact guilty of what I am accused of? Sorry for the Law 101 questions. I am the sole DCUM non-lawyer. |
Anonymous
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"Anything you say or do can be used against you in the court of law."
Plain and simple, you want to make sure you word your statements correctly and know your rights, which most common people don't know, though they think they do. The police can be very intimidating and sneaky in their questioning. |
Anonymous
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I have never committed a crime, however I am a firm believer that my (or anyone's) rights should not be trampled for the good of the state. You don't get to ask me questions just because you think, or feel I've committed a crime.
No you can not come in my house. No you can not look in my car. And, speak to my lawyer is the only comment I have. |
Anonymous
| One basic reason is that many (most?) cases are plea bargained, and a lawyer is a better negotiator and knows the law sufficiently to get you the best possible plea bargain. If there are other things going on in your life -- for example, you are a permanent resident instead of a citizen -- a lawyer can help you make decisions that will have the least possible effect on your immigration status. For example, if you are guilty of shop lifting (a pretty minor crime, in the scheme of things), if you are sentenced to more than 365 days in jail -- even if all of that time is suspended (that is, not served at all), you will be deported. If you are sentenced to 364 days in jail and serve every moment of that time, you will not be deported. If you don't have a lawyer to tell you that, you would take the sentence where you don't actually have to go to jail, and then you'd be very surprised by the long-term consequences. |
Anonymous
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Because sometimes law enforcement gets it wrong...
Richard Jewell in the Olympics bomb... Steven Hatfill and anthrax... |
Anonymous
| what does s/o mean? |
Anonymous
Spin off As in based off something discussed in another thread (Hannah graham in this case) |
Anonymous
| thanks! |
Anonymous
| No good can come of it. |
Anonymous
| If I were a man, and learned I was the very last person known to have been with a rather drunk woman who subsequently disappeared.... and I learned that there was video footage of us together at say, 1 AM.... even if I knew I was totally innocent, I would also understand that I would be the prime suspect in her disappearance. So even though I knew I didn't do anything, I would consult a lawyer. |
FruminousBandersnatch
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This YouTube video is a lecture by a law school professor on why you should never volunteer information to a police officer without the benefit of legal advice.
http://www.youtube.com/watch?v=pGGXjlIxEgs It's about 50 minutes long, but something everyone should watch. |
Anonymous
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Oh boy. You have been been out in the real world.
Police are not there to act as your advocate or judge. Remember that they’ve been trained to put you at ease, to get you to trust them. Their job is to find, arrest and help convict the suspect. And that suspect is you. Many people believe if they have not done anything wrong, they have nothing to worry about. This is not true. In the dissenting opinion of Johnson v. Louisiana, Justice Douglas of the United States Supreme Court wrote: Any person faced with the awesome power of government is in great jeopardy, even though innocent. Facts are always elusive and often two-faced. What may appear to one to imply guilt may carry no such overtones to another. Every criminal prosecution crosses treacherous ground, for guilt is common to all men. Innocent people do go to prison. It can happen to you, your friends or your family. |
Anonymous
Truer if you are a young black man. |
Anonymous
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OP, all you need to do is read the thread in the college forum about her and you can see how people have already decided who is guilty. You think the cops aren't getting pressure from higher up to get someone in custody for her disappearance?
Some cops have their minds made up whn they question a suspect. There have been many stories about questionable tactics used to get someone to confess (and in some cases wrongly confess to get out of whatever is going on). I think lawyering up is smart. |
Anonymous
Another gem http://www.npr.org/templates/story/story.php?storyId=14470003 As a narcotics officer in West Texas, Cooper was a law enforcement star. That was partly due to his work ethic: Stopping 30 cars a day on the highways was routine for Cooper and his K-9 companion. "We would pull over cars that had college bumper stickers, because we knew college kids often partied with marijuana," Cooper says. "We would pull over 'Vietnam Vet' plates, because a lot of our vets developed a habit over there." "I feel bad about it," he admits. "I would look for Mexicans. I would look for black people. It works." When Cooper was invited to train other police departments, he made a game of it. After two days of training, Cooper would ride along on a shift with one of their officers. If he didn't make at least one drug bust during that time, the cost of the training was on him. He never paid a dime. "There is no highway or jurisdiction that I couldn't work an eight-hour shift and put somebody in jail for drugs," Cooper says. |