Dear Private Citizen and Future Client:
When a law enforcement official has you inside of an interrogation room, and you assert your right to an attorney, and Mr./Mrs. Joe Schmo Detective is telling you that the only way out of your (insert really fucked up legal dilemma) is to just talk openly with them...remember to keep in mind the following:
When a law enforcement official has you inside of an interrogation room, and you assert your right to an attorney, and Mr./Mrs. Joe Schmo Detective is telling you that the only way out of your (insert really fucked up legal dilemma) is to just talk openly with them...remember to keep in mind the following:
1. Please don't try to outsmart them. If you were sharp enough to outsmart them, you wouldn't be in the interrogation room. I'm not saying they are a bunch of Sherlock Holmes' but let's keep it real, Mmmmkay?
2. There is a 95% chance that before your ass was even brought into the room, someone, somewhere in the building, pressed the record button on a video camera which is now capturing your image in all of it's marvelous glory. Sometimes they don't hide the camera and sometimes it's hidden inside an air conditioning vent. Just be aware of it.
3. When the detective(s) get you all worked up (emotionally) then leave you to think about things, please don't break down, crying like a little bitch, admitting to everything under the sun. (Example: Oh Gawd, Gawd...why did I break into that house? Why!? Why did I then steal that truck and plow into the side of that donut shop, why?!) Remember how that video camera WITH super audio is still running?
4. When the detective(s) let's you keep your cellular phone with you in the interrogation room to think about things, AFTER they search you for weapons...it wasn't an accident. Don't use the phone to call your future co-defendant and tell them to hide the (drugs, gun, body) because the cops are coming to the house. Agan... the video camera...remember?
5. If you have failed to keep Items 1 thru 4 in mind, at least remember #5. This is quite possibly the most important one so please read this carefully: Please, oh Please don't call your Public Defender a Public Pretender/Dumptruck/Bitch/Cunt/Asshole and blame him/her for not being able to get you a better deal.
They have to work with what you give them and if you give em shit...well, you get the idea.
Got it? Good.
10 comments:
Sending this one to my kid. Thanks!
Amen. Reminds me of my client who's totally nailed on an escape charge but who doesn't like it when I tell him that he's got no chance. He said, "You're my lawyer. Aren't you supposed to be saying stuff to comfort me?" I said, "No, I'm like your Mama. I tell you how it is because I want what's best for you."
Maybe we can print this and hang it in police interrogation rooms all across the country.
Blondie - Yes! We can start with my local city police interrogation room...although I'm thinking of changing the name of the room to The Slaughterhouse. You know...with all the butchering and stomping of people's rights and words that goes on in there.
Peachy - He said, "You're my lawyer. Aren't you supposed to be saying stuff to comfort me?" I said, "No, I'm like your Mama. I tell you how it is because I want what's best for you."
Peachy, you've hit the nail on the head...I can't explain it any better than that.
One of my profs talked about how at first, the police didn't like having to read people their rights, until they realized that nobody understands.
Particularly AFTER the police have been interrogating someone for hours, then suddenly they spring this "Miranda" on the dude or dudette with 'hey, I need to get this out of the way so we can get your statement,' and then they read the rights in a fast monotone, always seeking a yes-no answer, never asking the person to explain back the rights they are giving up to demonstrate that they truly understand.
Everytime I give my client my card (particularly the ones who have confessed), I say 'remember, don't ever talk to the police, their job is to put you in jail and they will lie to you to do this, call me and I can advise you.'
Good to know if someone has done the crime, they should do whatever it takes to escape the consequences.
God forbid they admit to what they've done, or get caught on tape talking to OTHER CRIMINALS telling them to dump stolen property or drugs...
It's amazing to me how a Public Defender Investigator is the first to slam their hand on a desk and demand evidence that will clear their client (even if the evidence is discovered by the evil police), yet will convince a criminal to conceal and/or lie about their crimes.
Is there any crime that you would hope a client would be caught dead to rights for? If a guy molested a child or raped a woman, would you be more comfortable knowing they kept their mouth shut in an interview and might go free (and I'm saying you *KNOW* without a doubt they are responsible), or would you as a human being be more comfortable if the police were able to develop a rock solid case against them?
I guess my issue here comes from wanting to see someone who has done what they're accused of, walk free or get out of trouble. I understand it is "innocent until proven guilty", however we've *ALL* seen cases where there is *NO DOUBT* the person is guilty.
Say the (Roseville?) incident where the woman was stabbed to death by a stranger while pumping gas into her car... Caught on tape, suspect never left the scene, and was found with blood and the victims purse on him. Is there anyone, (even a PD Invesigator) that doesn't think this guy should go to prison for the rest of his life?
Regards...
After watching the police, their constant lies, the hiding of exculpatory evidence by some unethical prosecutors, the false confessions by the mentally retarded, as well as those that should know better, sure, I want clients to say nothing, and I demand that everything is videotaped. Not simply the 'confession,' but the hours before hand where the cops soften the client up by telling them again and again how it happened and how they are going to die unless they confess and this is the only way to save their life. You'd be surprised, DNA has exonerated more than 100 off death row, where the protections are supposed to be the greatest. Yet there are thousands more innocent people rotting in jail because of attitudes like yours, anon. You don't care because you think that you'll never be wrongfully accused. But I've met someone like that, who rotted on death row for a crime he didn't commit because some lazy arse law and order types did their sloppy, lazy police work in the name of 'justice.' But it is not justice what you refer to, you refer to vigilante, string up up justice. I don't know if you're religious, but that's how the innocent are executed (remember Jesus?), not just how evil people get off on a technicality. The way to do justice is to make the police do their job and do it right, that's what PDs and PD investigators do. If you are against that, then I'm sorry, you need to move to Cuba, China, or North Korea, cuz that's the only place your brand of justice is welcome today.
Whatever brought this on.......it is definitely good advice. Basically if you find yourself in an interrogation room....trust no one. Innocent or not you need to look out for yourself.
Ace,
I hear one thing loud and clear... The banging of your drum. You are quick to state you’ve watched the police and “their constant lies, hiding of exculpatory evidence by some unethical prosecutors...” You present this as fact and that it is rampant and is the norm rather than the exception. I think this is false and simply a sensational way of drumming up emotions for what you personally believe. Sadly one would have to be naive to think these things have never occurred, but at the same time to think they are occurring all the time is just as naive.
If it happens ONE TIME it is ONE TIME TOO MANY. Any good law enforcement officer or prosecutor who takes their oath of office seriously should feel this way and do whatever is in their power to prevent it. Unfortunately as I stated earlier in this reply, there are those law enforcement officers and prosecutors who aren’t ethical. Again I think they are the exception not the norm. At the same time I’ve personally witnessed very unethical behavior by defense attorney’s and their investigators. It’s amazing how the confidential home address of victims and witnesses somehow *OFTEN* fall into the hand of defendants. Suddenly these people are being harassed, threatened, assaulted, and in some extreme cases murdered. Again this unethical behavior also costs innocent lives and is just as wrong on the public defender side of the house, wouldn’t you agree?
Are there innocent people in jail? Yes there are... Are there innocent people on death row? Yes there are.. In fact there probably have been a number of innocent people executed throughout our history. Please don’t cloud the issues with some religious statement. YES IT’S TRUE! No one is denying that. In fact one of the basic waivers for in-field show ups is the Simmons Admonishment that says in part, “It is as important to set an innocent person free and remove them from suspicion as it is to arrest the guilty party”. This is intended to solicit a “good ID” of a suspect and not just a “guess”. Again no system is perfect. If we had a perfect system only the guilty would be accused and arrested and you wouldn’t need trials...
I do think public defenders and their investigators are a *VERY* important part of our legal system. It’s all about checks and balances. I would want someone on my side if I were ever wrongfully accused. What we’re talking about here (at least I am) are clear cut cases where guilt is known. Although still technically innocent until proven guilty, there are those cases where it is 100% clear the defendant is in fact guilty.
What I wrote had nothing to do with vigilante justice. I didn’t suggest we skip the legal system and shoot those guilty parties or string them up from the highest tree. We are (at least we think we are) a civilized society and this is not how a civilized society should behave.
As for DNA evidence. Yes I have seen it clear the names of several folks sent to death row and/or life imprisonment. Who do you think investigates these cold case files in light of new evidence and the ability to clear the innocent? Why yes, it is the EVIL LAW ENFORCEMENT. Just as I don’t allow myself to throw all public defenders, defense attorney’s, and their investigators into one pile as immoral, unethical people, as some of my colleagues do... It would be refreshing to see you attempt to do the same thing as a courtesy toward those of us who are law enforcement officers and investigators.
You also say “I don’t’ care as I’ve never wrongfully been accused”. Excuse me ace, but you are completely wrong. I have (and unfortunately I’ll guess the majority of veteran law enforcement officers) have been accused wrongfully of things I’ve not done. Be it excessive force, theft, racial slurs, etc. We’ve all been accused of these things at one point or another in our careers. Not a lot of people jumping on the bandwagon to defend my name or demand a full impartial investigation before jumping to conclusions. Again it’s an interesting double standard. The same defense attorney that will demand proof, not want any theories, or even mention of what wrong doing their client may be responsible without 100 witnesses, camera footage of the incident from 10 angles, etc, will be the first to say “That’s a dirty cop, or he’s guilty” at the first sign of even an unconfirmed complaint against a law enforcement officer.
I could spend a hour typing my thoughts an opinions to you, but the bottom line is it would be a waste of time in many regards. You’re set in your way of thinking and I’m not going to change your opinions. In fairness you could probably spend the same amount of time trying to make me believe what you believe and it would be a waste of your time. I would like to think I can take what you write in and process it (and at least take something from it), but I will be the first to admit I’ve been pretty well established in my thoughts through the time I’ve spent as a law enforcement officer and the things I’ve seen.
What I won’t ignore is the predictable attempt of someone to say (in essence) all cops are dirty and bad, innocent people are rotting in jail all the time, etc, etc. This simply isn’t true. Again I’m not saying it doesn’t (and isn’t happening) sometimes, but rather it’s not as rampant as you would present it. I have had many a suspect who I *KNEW* was dirty. They were dredges of society... Constantly committing crimes... Burglaries, child abuse, etc, etc. Somehow they *OFTEN* were given light punishments to my dismay by the DISTRICT ATTORNEY handling the case. So it wasn’t the public defender or some great investigative work by the PD Investigator that saved the day, rather our very own team (if we’re saying it’s us against them as you present it) that threw in the towel for no jail, probation, or a minimal punishment. Only to let the revolving door of justice allow a person who should be in jail out in public to victimize others.
Could I have lied in a report or fabricated evidence? Sure I could of. Besides of my moral and ethical convictions (want to talk religion then yes I believe I have to answer to God above all else and that’s what keeps me in line among other things), I wouldn’t do it because it’s just not worth it. I’ve yet to meet a criminal who slips through the system several times who doesn’t eventually snag themselves in a rock solid case. It’s frustrating and takes patience, but eventually they all slip up and catch a strong case. Those that get into trouble once, get a slap on the wrist and then never commit a crime again, well they are rare and I *WISH* all criminals did the same things. It would mean those one time offenders would never run across my path again, and I would be very happy about that.
Regards...
PUAHAHHHHHHHHHHHHHHHHHHHAAAAAAAAAAA.
I will remember these wise words if I am ever in the interrogation room.
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