"I'd like to speak with my attorney......"

[ABNAK]

I always loved that phrase. Like who the fvck (normal person) has an attorney on tap? If you're rich then maybe you have one for financial legalities, but most of us don't have "our" attorney on speed-dial.

IIRC "You have the right to remain silent" means you don't have to EVER answer any of their questions, attorney present or not, correct? My wife watches those murder shows on ID Discovery (I swear she's trying to figure out how to off me and get away with it! ) and those detectives kinda get miffed when a suspect invokes that right. You know damned well that most of those low-lifes don't have an attorney.

Bottom line? Unless I'm mistaken, you are never obligated to "talk" to them, regardless of whether you have an attorney present or not. If you had the ghost of freaking F. Lee Bailey sitting next to you then you are still not obligated to talk, right? Sure, you might be seen as "uncooperative" but who cares?

[TMS951]

I’d think dirt bags who are in and out of prison have an on going relationship with their lawyer, and them on speed dial.

[ABNAK]

I’d think dirt bags who are in and out of prison have an on going relationship with their lawyer, and them on speed dial.

Good point and probably quite true!

However, the rest of us schmucks don't. Some of you fellas who have been through bitter divorce proceedings might have an attorney, but do they do other legal "stuff"?

[Averageman]

Good point and probably quite true!

However, the rest of us schmucks don't. Some of you fellas who have been through bitter divorce proceedings might have an attorney, but do they do other legal "stuff"?

I used to shoot IDPA with an Attorney, we spoke and he gave me his card, I asked does this make you My Lawyer? He laughed and said "Not Yet."
He filed some legal paperwork for me a year or so later and it was smooth. He said, "Now I'm your Lawyer."
So, I have a Lawyer, if nothing else I'm sure he is aware of how bail works and can refer me to someone specializing in the legal help I may need.
If nothing else, it should stop the questioning. Also, be aware that every conversation you have is being taped in jail.
So, innocent or guilty, my plan is call my Lawyer. Don't say anything else and wait for him to get your Bail. You can't do anything sitting in jail.

[ThirdWatcher]

I’ve heard that referred to as “the great lie”. While it’s smart to have a good attorney on retainer, few people do. I don’t.

While I’ve never been a Detective, it never bothered me when a suspect elected to not waive their God-given rights. I wouldn’t either. In fact, I never gave a statement when I was being investigated for a “citizen” complaint unless ordered to (otherwise Weingarten and Garrity Rights might not apply). Rights are Rights and only an idiot waives them IMHO.

[SteyrAUG]

I know a couple people who were involved in defensive shootings, who gave minimum cooperating information to responding officers and they didn't have to be arrested and were not charged.

But if it feels like "they think you are it" then at that point you say "I would like to speak to an attorney", expect to be arrested and unless you live in a huge municipality and it's working hours, expect a night in jail before you before you actually see a public defender.

[chuckman]

A friend of mine from high school with whom I later worked pulled a 90° and went to law school and became an ADA. After a few years of that thankless job he went into private practice. I asked him if I could list him as my attorney, he said "not really but if I needed him to call." I have never needed him, but I have his number.

People who really do "have attorneys" have a lot more money than I do.

[ABNAK]

A friend of mine from high school with whom I later worked pulled a 90° and went to law school and became an ADA. After a few years of that thankless job he went into private practice. I asked him if I could list him as my attorney, he said "not really but if I needed him to call." I have never needed him, but I have his number.

People who really do "have attorneys" have a lot more money than I do.

Or a sordid past where an attorney was needed to keep their ass out of jail, hence knowing one to call!

[kirkland]

You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney, If you cannot afford an attorney, one will be provided for you.

Pretty straightforward

[Stickman]

You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney, If you cannot afford an attorney, one will be provided for you.

Pretty straightforward

You are correct. However…. If you refuse to say anything to the cops, and you can expect to go to jail. Let’s take the above comment seriously for a minute. If you don’t ever talk to the cops, I guess that means you don’t report the crime?

If you don’t report that you smoked some dude in your house, now what do you do? Do you hide the body? Do you drop it off at a cop precinct or local church?

Do the people who say not to talk think they will go free? The dumbest thing I’ve ever heard is that the homeowner gets to sue the cop for false arrest if they don’t talk and the cop arrests them.

There is a balance that I think a lot of people miss, and the balancing act becomes really darned hard when it comes to things like murder.