Episode 2: How to Talk to Police
This is the ask a lawyer podcast episode 2 how to talk to police.
So we’re here today with Santilla Shaw.
It’s one of our criminal attorneys here.
Roxell Richards law firm and we have a few questions for you today.
How are you?
Hi, I’m good.
How are you?
I’m awesome, we’ve had quite a few criminal clients come in and a lot of them have already been brought in.
They’ve been arrested.
They’ve talked to police and one of the biggest questions we have is what to do if I’m arrested or I’m taking in.
I’m detained and police want to talk to me, so I thought they’d be one of the good topics for today.
So we just have a few things we’d like to know.
If if we get brought in.
What is some of the first things that you would suggest people do if they’re brought in by police?
Well, the most important thing to do is to invoke your right to counsel, meaning that as soon as you are brought in, as soon as you’re being questioned or actually, as soon as you are stopped by the police, if they are asking you detailed questions, you need to ask for your lawyer, you need to.
Ask and say I need to speak to my lawyer and from then on they cannot ask you anymore questions.
If anything you say after that, we will be able to get it out and it won’t come in.
OK, what if they kind of sometimes we see on TV and I love line order they might trick you into saying something.
After that they might trick you into revoking your rights at Council.
What is some taxes they might use and what can we do to avoid that from happening?
Well, the great thing with the law is that once you invoke your right to counsel.
Clearly when you say clearly I want to speak to my lawyer, I don’t want to speak to you without my lawyer present.
Anything you say after.
That is not a
It’s not usable by the police.
You have a
If you have a great lawyer, they’ll be able to get that thrown out and the police will not be able to use that against you.
But if you say stuff like oh, uh, maybe I should be talking to my lawyer.
Or maybe I should get a lawyer or what do you think?
Do you think I should be getting a lawyer?
If you say any of this stuff, this is not invoking your right.
So whatever you say after that can still be used against you, so you make sure that you clearly say I want to speak to my attorney.
I don’t want to speak to you unless my attorney is present and at that point you have safeguarded.
OK, so we made it very clear to say I want to speak to my lawyer, not anything vague.
What do I?
What would I do if I’ve accidentally already?
Said it like I’ve.
Already spoken to the attorney, I mean to the the police and I changed my mind later in the middle.
What about that?
’cause that still work?
Well, yes, that it’s always.
Better late than never.
After afterwards we would have to go and see exactly what you have said, what, how, how much of it was.
It can be used against you and try our best to mitigate the damage that possibly has been caused.
Always make sure that you are as soon as possible.
You’re asking for your lawyer.
Really the the police.
The only thing that you are obligated to give them is your name, your address, your information, basically identifying yourself to the police.
Anything other than that, you’re not obligated to talk to the police.
About it without your lawyer present so uhm , but if you did and you made that mistake and then it’s up to your attorney to go back and look and see how much of it they can.
Erase and how much of it they can fix.
OK, seems simple enough.
One last question, if we are, let’s say we were pulled over by police, what exactly?
I know you said you had to give your name and give your ID and things like that.
At what point do you have the right to say I want to speak to my lawyer?
Or is there anything that you know you’re obligated to say?
Or give an answer to or do?
You have to say anything at all.
If you put or let’s say for like a traffic.
Stop at what point can I say I want to speak to?
Uhm, well if you stopped.
If you at at any point that you feel like you are being accused of a crime now if you’re stopped for speeding, for example, the way to admit to it is like, Oh yes, officer, I, oh, I didn’t pay attention.
How much, how far was going?
How fast was I going?
That’s pretty much admitting that you were going fast, or so.
The best thing if you even want to fight a traffic ticket is to just say nothing and just say thank you.
You know, identify yourself, give your information and get your ticket and be on your way.
But if it comes down to something else, if they are asking to search your vehicle, if they are asking more detailed questions.
If you have had any drinks or not, if you have been smoking a substance or not.
If you have any substance, illegal substances on you, those are the things that you should not be answering unless there’s an attorney, you should just ask why are you asking me?
Those questions and I I wouldn’t want to answer those questions so.
Uhm, you shouldn’t be.
If you feel like you are being interrogated, that’s the time where you need to ask for your attorney.
OK, that that’s actually really good.
I know one of our other attorneys at the firm deck, Lancaster, says his favorite phrases.
You can’t beat the ride, but you can beat the charges.
So could you elaborate on that a little bit ’cause I know a lot of times people say they want to invoke their right?
So they want to answer questions and then they’re like Oh well then you know he arested me or older he got.
Maddie give me a ticket.
Did you explain that that premise a little bit?
On how you probably aren’t going to be.
Well, I think what he means is that when.
Uh, when they’re just asking you simple questions when it’s just a preliminary.
Just trying to find out what’s going on, don’t be.
Defend, they’ll be overly defensive to make them think that they’re actually onto.
You know when you haven’t done anything they’re actually onto you and they’re trying to.
Uh, get you for some. Let’s say you’re driving down the road and your 10 mph over the speed limit and you don’t have any controlled substances in your car and you don’t have.
I mean, you’re clean basically, so the police stops you and they’re asking you if you have anything on you or.
If you have smoked a joint, or if you have had a couple of drinks and you really haven’t, you cannot go ahead and answer that.
I mean, in that situation when you say if you say oh, I don’t want to answer that question that automatically tells them that, Oh yeah, I have had a couple of drinks and I don’t want to get caught.
Now, if if that’s the situation, then you just go ahead and you say no, that’s not the case.
I haven’t had any drinks and you don’t have anything to hide.
Yeah, but if you have even had one drink 2-3 hours ago, which most likely by then that your stock is out of your system, it’s still better not to take the risk and not to talk and not to be. You know, overly explanatory.
Uh, because once you say yeah, Oh yeah, I had one drink 2 hours ago that still gives them enough cause to go ahead and ask you for a field sobriety test and, uh.
All of that so pretty much that’s.
That’s what I would say.
OK, well this has been super informative.
If someone finds himself in the bind, hopefully they.
Don’t, but if.
Where can they find you and?
How can they?
You know get user services.
Well, you can always call the offices of Roxell Richards or find us online on www.roxellrichards.com. There’s a lot more information.
There are all our contact information is also on the website and we would be happy to hear from you and hopefully help you out.
With any problem that you may have.
That is it.
It’s Roxell Richards.
ROXELL RICHARDS and this is episode 2 how to talk to a lawyer on the Ask lawyer pod.
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