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[parent] [thread] 11 comments
1. vincen+(OP)[view] [source] 2020-06-05 12:45:21
I’ve heard this before but here’s my practical problem: I don’t know any lawyers. I have literally no idea who to call in such a situation. Do I have to go find and retain a lawyer beforehand just in case I might need one later?
replies(5): >>dfxm12+h7 >>Loughl+k8 >>wil421+m8 >>jrochk+xk >>inetse+4y
2. dfxm12+h7[view] [source] 2020-06-05 13:32:39
>>vincen+(OP)
In the case you get arrested, you'll be made aware that if you don't have a lawyer, one will be appointed to you.

If you're not arrested, you should be able to just leave the interrogation (emphasis on should, of course).

3. Loughl+k8[view] [source] 2020-06-05 13:38:18
>>vincen+(OP)
It's not a bad idea to have a relationship with a lawyer. Talk to family/friends/co-workers. Somebody will have a name for you.

We made a relationship with one I found through family via estate planning (not his specialty) and land deals (not his specialty).

Now I have a name to say out loud when I interact with police. This has happened twice. The OP is right, they'll do everything they can to get you to talk, but understand that if a police officer is talking to you, they're digging for information to incriminate you. In my case, I was a witness to something, and they cuffed me and made me sit on the curb. No possible way I could've needed to be cuffed and questioned. And that was the approach my lawyer took when he came. Best $100 I ever spent.

replies(1): >>mehrda+gr
4. wil421+m8[view] [source] 2020-06-05 13:38:30
>>vincen+(OP)
Most of the time police will arrest you, book you, and then you call a bail bondsmen to get get out or family/friend. Then you find a lawyer. Think DUI, assault, theft, drugs etc. Detectives won’t really question you but it’s still a good idea to say nothing to a street cop.

If you’re in serious trouble like a murder, financial or computer crime you’ll probably be questioned before you’re arrested. That’s the time to be silent and request a lawyer. You may start out with a 1-800 lawyer who will come and tell you to keep quiet. Later you can find a new one if needed.

5. jrochk+xk[view] [source] 2020-06-05 14:42:49
>>vincen+(OP)
You might want to find one advance, but you just have to not talk to the police UNTIL you find one when you need one. You in fact have the constitutional right to this.

Even a last minute lawyer who may not turn out to be ideal is better than no lawyer. A public defender may also be an option in some cases.

When you say the 'magic' legal words "I want a lawyer", they should not talk to you anymore until you have one. In most cases, you are or will be at home with plenty of time to find a lawyer. In some cases you may find yourself detained/arrested ("Am I being detained? Am I free to go?" are other 'magic' words). They may try to tell you that if you would only talk to them, they would let you go -- they are VERY LIKELY lying.

Do not trust that you can tell or sense if they are lying or not. They are experts at tricking you, they are trained and have lots of practice in it. They are legally allowed to lie. (In my personal experience, they did lie about exactly this -- they said "if you just talk to us, you can be on your way", I talked to them, I got arrested anyway.).

Getting arrested sucks; talking to the police without a lawyer can make it much much worse.

tldr; no, you don't need a lawyer in advance, you can ALWAYS say "I would like to remain silent, I would like a lawyer", and you always have this right, and they can not talk to you (or use anything from talking to you) without a lawyer once you've said this.

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6. mehrda+gr[view] [source] [discussion] 2020-06-05 15:18:48
>>Loughl+k8
> but understand that if a police officer is talking to you, they're digging for information to incriminate you

Are you sure you're not exaggerating? I've totally seen incidents where cops were only talking to see if they've even found the right person. They lose interest pretty damn quickly when they realize they're talking to the wrong person (even to the point of rejecting extra evidence you might offer yourself). Whereas I'm pretty damn sure in these cases you cause yourself a lot of (short-term maybe, but still) grief if you suddenly go on the defensive and plead the 5th. It unnecessarily makes you look guilty, whereas a couple minutes of talking can make it crystal clear to them you're totally clueless.

replies(1): >>Loughl+6x
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7. Loughl+6x[view] [source] [discussion] 2020-06-05 15:49:46
>>mehrda+gr
In my experience, no, I am not exaggerating. In my run-ins with police, they had no clear suspect, so everyone was a suspect. In one case, they questioned me, and had me go through a polygraph test. They didn't inform me of my rights to an attorney, because I was not formally arrested. They also did all of this without legal representation or parents (I was 16). They did it just to be able to tell me that I failed, and that I should confess now and they would go easy on me. For a crime I didn't commit. They even lied about what I said at the scene of the crime to say that I contradicted myself, or the responding officer wrote it down wrong.

I do not believe it is a good idea to speak to police unless they have a clear suspect, motive, evidence, and other indicators they are not fishing for you to be the suspect.

I firmly, firmly, firmly believe short-term hassle and a lawyer's bill are much better than the long-term ramifications of an arrest, even if you are not convicted ultimately.

replies(1): >>jrochk+Ml1
8. inetse+4y[view] [source] 2020-06-05 15:55:23
>>vincen+(OP)
There are services where you pay a monthly fee ($20 a month in my case), and you get a card with phone numbers for a law firm (actually it's a service that will connect you with a lawyer local to where you are). You get access to a lawyer for a certain amount of time without extra charge, the amount of time increasing the longer you pay for the service. If you get into serious legal trouble you will end up paying for a lawyer anyway, but a service like this will help in those circumstances where a cop wants to question you, and you want to say "I want a lawyer present."

I agree with some of the other commenters that you really should say the word "want", not "wish" or "would like". You need to be clear and emphatic about having a lawyer present.

replies(1): >>vincen+nC
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9. vincen+nC[view] [source] [discussion] 2020-06-05 16:17:38
>>inetse+4y
That sounds like exactly what I need. What’s the service called that you use?
replies(1): >>inetse+WJ
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10. inetse+WJ[view] [source] [discussion] 2020-06-05 16:56:20
>>vincen+nC
It's called LegalShield. The website is here: https://www.legalshield.com

There are others. Do a search for "prepaid legal services". Most of them have similar prices (~$20 a month) and provide similar services (wills, traffic tickets, document review, etc). Like I said, if you get into serious trouble, you will have to pay for a lawyer. This is like insurance. In my opinion, if it helps you avoid saying something stupid to a cop, it's probably worth it.

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11. jrochk+Ml1[view] [source] [discussion] 2020-06-05 19:45:06
>>Loughl+6x
They could very well have been lying to you about failing the polygraph test too. They are legally allowed to lie to you.

Of course, they can arrest you even if you don't talk to them. It's ultimately up them whether to arrest you, not to you. You don't necessarily get out of getting arrested by not talking to them. (If they say you can get out of getting arrested by talking to them, they can be lying!). But you make it much worse by talking to them.

replies(1): >>Loughl+VU9
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12. Loughl+VU9[view] [source] [discussion] 2020-06-09 12:19:24
>>jrochk+Ml1
They 100% were lying to me.

I spoke to a family friend who quit the police department I was dealing with over ethical concerns. He said that it was pretty standard practice, especially when dealing with a case they had zero suspects on. He said, "they'll bring you in, they'll tell you you failed, and they'll tell you that if you confess, they'll go easy on you because you're so young. It's not the results that matter on a polygraph, it's the answers you give. Don't lie, and don't incriminate yourself."

He was 100% correct. They brought me back to the station, into an interrogation room, and after about an hour of waiting, told me exactly what he said they would.

I lost all respect for law enforcement through that process.

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