Re: hypothetical case

More | Report Post

On 2/27/06, Bj Curry wrote:
the detective threatens to arrest you if you do
> not come to his office to answer his questions. what would
> be your advice as a lawyer representing this client or
> giving counseltation?

The same advice I would give anyone facing a criminal
charge: KEEP YOUR MOUTH SHUT. If they have grounds to
arrest they will. Frequently, cops will posture or threaten
to get someone to open up, which then gives them the grounds
to arrest. Unless you are a witness or complainant, there
would be no reason question you other than as a suspect to
arrest. Everyone has the 5th amendment right not to
incriminate themselves and more people should use it more
often. I can't tell you the amount of times I've defended
someone who was "trying to cooperate" "trying to
help" "they told me it would go better for me if I
cooperated and told them the truth." It doesn't. We have a
saying, "equity never helps a volunteer." Once you've
admitted anything, however insignificant it may seem to you,
you're hosed. Let the cops do their job and get evidence,
don't hand anything to them on a silver platter.