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

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[quote=Anonymous][quote=Anonymous]

Excellent summary.  [b]I'm a prosecutor and I would never talk to the cops without a lawyer present.  [/b][/quote]

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.[/quote]

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