4 ms·

> "I'm going to remain silent. I'd like to see a lawyer." On TV shows, the guy would then call his lawyer, who is under a retainer or something. The lawyer has

> "I'm going to remain silent. I'd like to see a lawyer." On TV shows, the guy would then call his lawyer, who is under a retainer or something. The lawyer has all the context on exactly what's going on, and tells him exactly what to do, and he gets off free. But as someone who doesn't have a lawyer, what exactly happens if and when the cop agrees to this? Are they obligated to provide me with a lawyer? Or do I need to know one, or know how to find one? Do I need to do this while detained or do I have some time to do it?

simple_phrases 7y ago
Anything you say after "I want a lawyer" isn't admissable in court. A smart cop would end their questioning there.
- lonelappde 7y ago
  Sadly, this is not true. The police can say you were joking and some (racist) judges believe it. https://www.washingtonpost.com/news/true-crime/wp/2017/11/02/the-suspect-told-police-give-me-a-lawyer-dog-the-court-says-he-wasnt-asking-for-a-lawyer/ https://www.washingtonpost.com/news/true-crime/wp/2017/11/02...
- kjs3 7y ago
  I'm assuming you aren't a lawyer. Or are a really bad one.
thaumasiotes 7y ago
> what exactly happens if and when the cop agrees to this? I don't believe they are obligated to provide you with a lawyer. A court is obligated to do this; the police aren't. The point of this advice is to make sure that you don't say anything to the police, or -- if you do -- to get it thrown out of court. Because of some bad precedent, you need to make the statement that you do not wish to answer their questions as explicit as possible. You actually don't need to request a lawyer, but doing so has some beneficial effects. What happens? The police may ignore your expressed desire to remain silent and continue questioning you. If you are resistant to social pressure, this doesn't matter. If you aren't, you may keep answering them. Your answers should be inadmissible in court. They may not be, based on some potential arguments by the police: - We didn't understand that he wanted to remain silent. His wording was too confusing. (This is why the advice here tells you to use the words "remain silent".) - We stopped the interview, but then we started another one and he spoke to us willingly. That second point is much harder for them to argue if you expressed that you did not wish to speak to them without benefit of counsel. There is no clear line to draw between the end of one interview and the beginning of a second interview after the interviewee has had a change of heart. but it is in fact obvious to the police, even in the eyes of the court, that once you've said "I will not speak to you without the advice of a lawyer", a second interview begun before you've had the opportunity to speak to a lawyer is illegitimate.
- thephyber 7y ago
  > you need to make the statement that you do not wish to answer their questions as explicit as possible It's also important to phrase it as a declarative sentence (including the correct inflections) and be sure of what you say. If you preface it with "maybe I should..." or "can I have a lawyer?", you are not asserting your right and police are free to continue to questioning you. I learned all I know about the law from the internet, so it's worth what you paid me to hear it. IANAL
sjy 7y ago
The ACLU's advice on this question is: > Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-questioning/#can-i-talk-to-a-lawyer-before-answering-questions https://www.aclu.org/know-your-rights/what-do-when-encounter... In many countries the police would provide you with contact information for publicly-funded duty lawyers who can help in this emergency (assuming you are under arrest, and not just free to walk away). Sounds like in the US, it would be wise to do a bit of research and check if there are any emergency services like that in your area.
throwaway55554 7y ago
Unless you have a background in law and understand your exact rights, ask for a lawyer. Some people think this makes you look guilty. It doesn't. It makes you smart. If you don't have one, wait. Usually, you're allowed a call. Have someone in mind whom you trust to get you legal counsel. If you, um, have something to hide, you probably want to explicitly state you're invoking your fifth amendment rights.
P_I_Staker 7y ago
Y'all wait until you can find one. I don't know how that works if you can't afford one, as they're usually court ordered ie. after being charged. You don't talk and wait to be charged I guess

simple_phrases 7y ago

Anything you say after "I want a lawyer" isn't admissable in court. A smart cop would end their questioning there.

lonelappde 7y ago
Sadly, this is not true. The police can say you were joking and some (racist) judges believe it. https://www.washingtonpost.com/news/true-crime/wp/2017/11/02/the-suspect-told-police-give-me-a-lawyer-dog-the-court-says-he-wasnt-asking-for-a-lawyer/ https://www.washingtonpost.com/news/true-crime/wp/2017/11/02...
kjs3 7y ago
I'm assuming you aren't a lawyer. Or are a really bad one.

thaumasiotes 7y ago

> what exactly happens if and when the cop agrees to this? I don't believe they are obligated to provide you with a lawyer. A court is obligated to do this; the police aren't. The point of this advice is to make sure that you don't say anything to the police, or -- if you do -- to get it thrown out of court. Because of some bad precedent, you need to make the statement that you do not wish to answer their questions as explicit as possible. You actually don't need to request a lawyer, but doing so has some beneficial effects. What happens? The police may ignore your expressed desire to remain silent and continue questioning you. If you are resistant to social pressure, this doesn't matter. If you aren't, you may keep answering them. Your answers should be inadmissible in court. They may not be, based on some potential arguments by the police: - We didn't understand that he wanted to remain silent. His wording was too confusing. (This is why the advice here tells you to use the words "remain silent".) - We stopped the interview, but then we started another one and he spoke to us willingly. That second point is much harder for them to argue if you expressed that you did not wish to speak to them without benefit of counsel. There is no clear line to draw between the end of one interview and the beginning of a second interview after the interviewee has had a change of heart. but it is in fact obvious to the police, even in the eyes of the court, that once you've said "I will not speak to you without the advice of a lawyer", a second interview begun before you've had the opportunity to speak to a lawyer is illegitimate.

thephyber 7y ago
> you need to make the statement that you do not wish to answer their questions as explicit as possible It's also important to phrase it as a declarative sentence (including the correct inflections) and be sure of what you say. If you preface it with "maybe I should..." or "can I have a lawyer?", you are not asserting your right and police are free to continue to questioning you. I learned all I know about the law from the internet, so it's worth what you paid me to hear it. IANAL

sjy 7y ago

The ACLU's advice on this question is: > Once you say that you want to talk to a lawyer, officers should stop asking you questions. If they continue to ask questions, you still have the right to remain silent. If you do not have a lawyer, you may still tell the officer you want to speak to one before answering questions. If you do have a lawyer, keep his or her business card with you. https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-questioning/#can-i-talk-to-a-lawyer-before-answering-questions https://www.aclu.org/know-your-rights/what-do-when-encounter... In many countries the police would provide you with contact information for publicly-funded duty lawyers who can help in this emergency (assuming you are under arrest, and not just free to walk away). Sounds like in the US, it would be wise to do a bit of research and check if there are any emergency services like that in your area.

throwaway55554 7y ago

Unless you have a background in law and understand your exact rights, ask for a lawyer. Some people think this makes you look guilty. It doesn't. It makes you smart. If you don't have one, wait. Usually, you're allowed a call. Have someone in mind whom you trust to get you legal counsel. If you, um, have something to hide, you probably want to explicitly state you're invoking your fifth amendment rights.

P_I_Staker 7y ago

Y'all wait until you can find one. I don't know how that works if you can't afford one, as they're usually court ordered ie. after being charged. You don't talk and wait to be charged I guess