How to Talk to the Police if Your Suspected of a Crime
Susan Chana Lask, Esq.
If you’re suspected of a crime, the police can come to your house or work or find you on the street to talk to you. Usually it will be a detective in plain clothes in an unmarked car who will want to talk to you. You might find a card from the detective under your door, or a message on your phone from him asking you to call.
You always have the right to remain silent, as anything you say to a police detective will be used against you in court. You also have the right to be represented by an attorney when talking with the police.
Just because a detective comes around looking for you doesn’t mean you have to speak to him or see him at the police precinct. If the detective is at your door, you don’t have to open it for him unless he has a warrant. If a detective is knocking at your door, you don’t have to answer. You can wait until he leaves if you want and then of course call your attorney.
Usually, a detective will hound you to come into the precinct headquarters to "talk". But once you set foot into the precinct, the detective will have you at his mercy, where he can use different routines - such as "good cop/bad cop" - or violate your rights just enough to be "legal" to get you to talk. Maybe he’ll take your backpack from you or other property you came in with like your cell phone, then direct you to wait for him, leaving you alone in a room for what could feel like a lifetime. He may even ask you to write your version of the story down and then use that against you later.
The police are experts trained in gaining your trust and confidence. They know what to say and what tone to use with you. They will lie and misinform you to get information they want. They can tell you they have witnesses when they do not or say they will lower the charges when they will not. The police most likely will not read you your rights because they want to create an informal, relaxed appearance so you will spill the beans voluntarily.
Good Cop, Bad Cop
If you’re not talking then detectives may use the "good cop/bad cop" routine. The first cop sits alone with you in a small room and talks about the "crime". If he’s not getting the information he wants to hear to nail you, then you may find yourself standing at the fingerprint machine with another more sensitive cop. Once you’re at the fingerprint machine you can be sure you’re being charged despite the fact that no one explained anything to you, read you your rights or told you what you’re being charged with. Part of the game is to keep you disoriented and guessing your situation. If you hear the new cop say "just tell the detective what he wants to hear and you’ll get out of here faster on a lesser charge” then you are being "played" and you definitely need to keep quiet. Dont say something just because you think it will get you out faster, because youre already in there and youre going to go through the arrest process no matter what.
When the police tell you the consequences of a crime they intend to charge you with, or that they can lower the charge, don’t believe anything they say. They can and will lie to you to get you to talk so they can make an arrest. The police are not your attorney, they are not your friends-- they are there to make an arrest.
The only way to protect yourself is to remain silent at all times. Enforce your right by consistently and politely stating "I am remaining silent until I have counsel." The police can not interrogate you once you invoke that right, although they will try to interrogate you. They also can’t interrogate you unless they first read you your rights.
When you arrive at the police precinct , the police should have you sign a paper with your legal rights listed on it. They should have you read your rights while they read it to you, and then have you initial each right and sign the paper at the bottom with the time and date. This paper is a good thing for the police to prove they followed procedure and it will coordinate the time of your arrest closely with the time of reading your rights. It is not mandatory that they give you this paper with your rights, because they can by law verbally read you your rights and note in their notebook the time they read you your rights. Of course, they could never read you your rights and later say they did.
Hiring An Attorney
If a detective is hounding you with phone messages and coming by your house leaving cards with your roommate or family, immediately get an attorney. An attorney can determine if the police are going to arrest you. If you are going to be arrested then your attorney will advise you what to do and what to say or not say, explain the arrest process, arrange for you to turn yourself in and get you through the process quicker. Also, the police will know they can’t interrogate you if you’re represented by counsel.
A good attorney will fax a letter of representation to the precinct and follow you through the arrest process by calling the proper offices and getting you to arraignment and out quicker. Your attorney should also fax a notice of appearance on your behalf to the Arraignment Clerk’s Office the minute he or she discovers you’ve been “docketed” by the District Attorney’s office meaning they’ve drafted and filed a Criminal Complaint against you and assigned a docket number to your case so it can be heard by the court.
If you do not voluntarily turn yourself in then the police will remember you made it harder for them to arrest you and they may purposely delay your arrest process and make you sit for three days in jail before you see a judge. They’ll delay filling out your paperwork and sending it to the proper offices. They may even lose your paperwork.
The last thing you want to do is spend a minute longer being arrested and in jail so heres a valuable tip: don’t turn yourself in or get arrested at night or on a weekend because there are less people working those shifts and the courts close certain hours, so the process can take three days or sometimes longer.
Law Offices of Susan Chana Lask
Things You Ought To Know in Faultless Car Accidents
Anyone who has been involved in a vehicular accident, regardless of fault, can avail of No-Fault Benefits which would include compensation for wage lost, medical expenses and a replacement vehicle. It is also termed as Personal Injury Protection Benefit or PIP. Certain states like Minnesota have enacted laws requiring vehicle owners to have no-fault coverage as part of their automobile insurance coverage.
Fighting Identity Theft
Chances are good that you know someone who has been victimized by the fastest growing crime - identity theft.The Federal Trade Commission FTC reported that there were 10 million cases of identity theft in 2002 alone.It’s estimated that someone’s identity is stolen every 79 seconds.
Stopping Home Foreclosure
A Foreclosure Prevention Service has numerous ways it can help you deal with the foreclosure process. Under the law, you have a right to remain in the property for a certain period of time. If you can’t pay the full amount owed without creating a hardship for your family you need a legal review of your situation, your rights, and your choices before you agree to anything. Protect yourself and your family.
The legal fiction of common law marriage
During a radio-talk show appearance, a caller told me about his unfortunate brush with the legal fiction of common-law marriage. He had been living with a woman for several weeks when he came home one evening to find the woman, his TV and assorted other property missing. He called the police, who mistakenly informed him that the woman was his common-law wife and so they couldn’t help him.
Plans Arent Wine, And They Dont Always Age Well
The following crossed my desk recently. The author gave me permission to share her story:
TV Signal Theft – Robbing Canadians
NC—According to some recent ads, theres no such thing as free cable or satellite TV.
Why Litigation Is Nothing More Than A Business Tool - 26 Unbreakable Rules of Litigation!
From Bill Gates at the end of the last century to John D. Rockefeller at the end of the previous century; from Rick Scott, founder of Columbia Health Care, to AT&T: from Richard Branson and British Airlines to Dan Peña and The Financial Times; from government, banking, insurance and every other facet of world commerce - to grow geometrically and stay around, litigation must be prudently used and mastered.
What You Shouldn’t Believe About SSD
The Social Security and Supplemental Security Income disability programs are the largest of several Federal programs that provide assistance to people with disabilities.American citizens have come to be aware that with the Social Security programs for disability benefits and SSI, security is still there for them, even as they are physically restricted, burdened with an illness and unable to work anymore.
What To Do When You Get Into An Accident
Accidents are unexpected occurrences in life. These are traumatic events that nobody wants to encounter. Because of the shock an accident causes, people tend to lose their ability to think correctly resulting to serious injuries, even death, to himself or to another party.
An important part of lifetime planning is the Power of Attorney.
An important part of lifetime planning is the Power of Attorney. Valid in all states, these documents give one or more persons the power to act on your behalf. The power may be limited to a particular activity e.g., closing the sale of your home or general in its application, empowering one or more persons to act on your behalf in a variety of situations. It may take effective immediately or only upon the occurrence of a future event e.g., a determination that you are unable to act for yourself. The latter are "springing" Powers of Attorney. It may give temporary or continuous, permanent authority to act on your behalf. A power of attorney may be revoked, but most states require written notice of revocation to the person named to act for you.
Your Most Personal Document
NC—Every person should have a will, which should cover at least seven essential points to avoid difficulties in the future.Make sure only one Will exists.Determine who you want as your executor.Carefully plan for your dependents.Name a guardian for young children.Detail specific monies or gifts to relatives, friends or charities.Consider what people-or organizations such as a health charity or Amnesty International, should receive the residue of your estate.Put in writing the details of your funeral arrangements.
How To Win Your Case For Social Security Disability Benefits If You Suffer From Chronic Fatigue Syndrome and/or Fibromyalgia
Winning a Social Security Disability case for someone who suffers from Chronic Fatigue Syndrome and/or Fibromyalgia CFS/FMS can be very difficult.However, with proper preparation I am often able to win clients their Social Security Disability benefits.I approach a Chronic Fatigue Syndrome or Fibromyalgia case using the following five factors:
It Only Takes a Few Simple Steps To Avoid Student Loan Debt
Student loan debt is a problem that affects many former students. It is a long and difficult process to pay off a student loan.Undoubtedly, it is much easier to avoid student loan debt in the first place.There are a few simple steps that can be taken to either escape student loan debt or ensure that the debt won’t be too hard to pay off in the future. Consider student loans only after you have researched all the sources of free financial aid.Many people who are eligible for financial don’t even realize it and instead take out a student loan.If you are not eligible for financial aid and need to take out a student loan, be aware that there are three major types of student loans: Federal Family Education Loans, Federal Direct Loans, and Federal Perkins Loans.Make sure you don’t go over your head in debt by deciding how much you can afford to borrow, and how much you can realistically repay.
A College Loan Will Finance Your Education!
A college loan has given people all over the United States a chance to further their education, even if they are not making a lot of money. Education loans can be a big help in paying for college. Youll find these loans offer a low interest rate and a generous repayment period. Of course, student loans must be repaid, usually with interest, although some education loans have provisions for cancellation if the borrower performs a program-related service.If you are looking for a loan, be aware that there are many different types of loans.Try to find the student loan that fits you the best.For example, there is a loan called the Federal Stafford Loan. The Federal Stafford Loan is the most widely used loan in the student education loan program. Federal guidelines limit the maximum interest rate to no more than 8.25% and outline repayment terms of up to 10 years.Remember that if you ever need help or are falling behind on payments, consider a consolidate student loan.
The United State Court System, an Eye for Research
A Cup of Tea, Coffee, or Something Else www.quiettable.com
Plaintiff Funding is a controversial new finance area in which a plaintiff secures funding based strictly on the potential financial recovery from his or her pending legal claim.Similar to securing a mortgage against your home, a plaintiff can receive a cash advance against the potential future proceeds from a legal claim.There are no income or employment verifications and if the legal claim has no financial recovery, then the plaintiff is NOT obligated to repay the money.
Consumers - Fight Back With FTCs Do Not Call Registry
The Federal Trade Commission has rolled out it’s National Do Not Call Registry and the registration site already has over 700,000 registrants.This is great news for consumers who have grown tired of annoying sales calls by pesky telemarketers.
Government Overregulation of Broadcast Content Could Backfire
Rush is right! The governments stepped up bid to regulate broadcast television content is indeed frightening. Limbaugh made his comments during one of his regular radio broadcasts last year. Those remarks were in response to the FCCs crackdown on broadcast indecency and Congress threats to hand out much larger fines to broadcasters for such violations, in the wake of Janet Jacksons "wardrobe malfunction" at the Super Bowl halftime show last February.
Pleas & Court Appearances in New York Criminal Courts
At arraignment, the District Attorney may offer a plea to a lesser charge than what you were arrested for originally. Pleas are offered to unburden an extremely congested criminal court calendar, as well as to get rid of lesser criminal cases so the District Attorney can rightfully concentrate on the more serious crimes.
Dealing With Insurance Companies
Every accident cause damages, may it be property or your physical body. It is important to apply for insurance before you encounter such circumstance so that you will be able to recover the money and properties you lost.
|home | site map|