by Van Canna » Wed Oct 23, 2019 5:48 am
Norm Abrahamson »
Van,
A lot of questions popped up between my visits to the forum. I’m not a criminal law specialist, but I will address your questions to the best of my ability.
"But something must be said before shutting up_ Norm would you agree with this:
1. “ officer, with all due respect I will not answer any questions until after I have spoken with my lawyer, I want to see a lawyer. I am hurt, I don’t feel good, chest pains, mentally distraught, nausea etc., I want an ambulance to take me to a hospital."
A: Nothing wrong with this. You should be polite, and letting the officer know that you will talk to a lawyer should clue him in that you won’t be railroaded. It will probably make an experienced officer more careful.
"Norm, after saying the above, can you follow up with this ? _
" I was attacked for no reason, I was in fear of my life, I tried to talk my way out, I tried to get away, but could not, and I had to defend myself."
A: I believe, the less you say the better. You don’t want to contradict yourself later. Don’t say what you did, but only what he did. IE: He tried to kill me.
“ I will sign the complaint.”
“Evidence is here/there.”
Are you really in any condition to read through a complaint at that time? You would have to list facts and in effect tell your story. Don’t promise anything other than talking later after having sought medical attention and legal counsel.
“Witnesses are there.”
A: Only point out a sympathetic witness, and only if you are directly asked. You never know what a witness will say and you will not be present during that interview.
"NORM_ does the police have the right to ask you more questions after you volunteer the above information and after you indicated at the beginning you want to see a lawyer before you answer any questions? "
A: If you are in custody, once you UNEQUIVOCALLY ask for a lawyer, the questioning must stop.
If you are still at the scene, there is a question as to whether you are in custody.
Ask the question: “Am I free to go?” If the answer is yes, then go. If the answer is no, then consider yourself in custody.
"NORM_ If the police places you under arrest and 'Mirandizes' you _ does it have the right to video tape you under questioning without your consent? "
A: A lot of police departments routinely tape interviews. They don’t need your permission for that BUT, there shouldn’t be an interview. You have the right to remain silent, USE IT.
"NORM_ would you as the defense attorney be able to stall any police interrogation for 72 hours, if no arrest is made? I take it that after arrest the defendant has no obligation to submit to questioning by the police if he has a lawyer. "
A: No suspect ever has an obligation to speak to police.
I don’t do criminal defense work, but a defense attorney will only agree to an interview if he thinks there is an advantage to do so under the circumstances. It’s a case by case decision.
"NORM_ If no arrest is made and you can stall the police 24/48/72 hours _ is the defendant obligated to answer questions in person to the police or can you as the attorney tell the police you will provide them with a of 'written statement' of the client?"
A: If you are a defendant, that is, you have been charged, you absolutely cannot be made to give any type of statement. Even if you are simply a “victim” or “witness” you have a right to refuse to answer questions that may incriminate you.
In any event, your attorney should be present at any interview. He can instruct you not to answer any question. Then he is the bad guy stopping you from talking.
I hope that is helpful, but remember, there is no substitute for competent counsel when you are in danger of becoming a criminal defendant.
Sincerely,
Norm Abrahamson
Van