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Children
Children

superunfriendlyreminder Thread Rebecca J Kavanagh @DrRIKavanagh Please tell your children if they are stopped by police to say in unequivocal terms I will not speak to you without a lawyer Not I want a lawyer or I need a lawyer But I will not speak to you without a lawyer Over and over again #WhenTheySeeUs @WhenTheySeeUs 340 PM Jun 1 2019 Twitter Web Client 139K Retweets 315K Likes Rebecca J Kavanagh @DrRJKavanagh They have to speak as plainly as possible Here's why Courts in some states have held that saying things like Just give me a lawyer especially mid-way through an interrogation is not enough to invoke the right to counsel 340 PM Jun 1 2019 Twitter Web Client 676 Retweets 19K Likes Rebecca J Kavanagh @DrRIKava Jun 1 And then there's lawyer dog The suspect told police 'give me a lawyer dog' The court says he wasn't asking for a lawyer washingtonpostcom t 462 44 14K Rebecca J Kavanagh @DrRJKavanagh This really matters 341 PM Jun 1 2019 Twitter Web Client 12K Likes 171 Retweets guidetodreaming One of the most important things I learned in my Language and the Law class is that law enforcement will intentionally misinterpret every type of statement asking for a lawyer as not asking for a lawyer Even directly saying it like this I will not speak to you without a lawyer can be taken as a simple statement of fact rather than a request for a invoking lawyer You literally have to state I am now my right to a lawyer and every time they try to proceed with an interrogation you have to answer every question with I am invoking my right to have a lawyer present You can't just tell them you won't talk without a lawyer or that you want a lawyer You have to state that you are invoking your rights Otherwise they could just say well they just said they wouldn't speak without a lawyer present That's not invoking their rights to a lawyer It's just stating a fact even just stating your right to a lawyer doesn't count! penrosesun PLEASE share this addition I am a lawyer who works in criminal defense and this is one of the most avoidable things that people consistently get wrong about the Miranda rights Here are some more ambiguous phrases which courts have found DO NOT invoke your right to a lawyer Maybe I should speak to my lawyer first I might like a lawyer I think I should have a lawyer present for this Could I speak to my lawyer first? How long until my lawyer gets here? And perhaps most egregiously Get me a lawyer dawg cause this is not what's up Here are the magic phrases which you need to know if you want to invoke your Miranda rights 1 Am I free to leave? It's worth asking this even if the answer is obvious Even if the officer does not let you leave by forcing them to admit that you are not free to leave you are creating a record which your attorney can use to prove that you were in custody Miranda rights only apply if the interrogation is custodial meaning that police officers will frequently claim that their suspects were not in custody to get around their Miranda rights 2 I am invoking my right to remain silent Simply staying silent will not invoke your right to remain silent As absurd as this is you must explicitly say that you are invoking your right to remain silent in order to invoke that right 3 I am invoking my right to an attorney As stated above you must be not only clear and unambiguous but clear and legally unambiguous Don't get cute Don't get sassy And on the flip side don't get intimidated and use verbal ticks to minimize your request Say the line with those words exactly say it clearly and say it once and then say nothing else Because even after you've done all this the police can still try to get you to talk They're not supposed to interrogate you but they're allowed to make casual conversation and if that conversation just happens to circle back around to the thing they wanted to question you about well that's really your fault for talking after you said you wouldn't isn't it? Can't possibly fault the poor officers when you initiated if you really wanted to have your rights respected you wouldn't have talked to them in the first place The police know this and they will mercilessly exploit this loophole So once you've successfully invoked your Miranda rights any and all conversation you have with police officers will put those rights back into jeopardy Putting it all together Ask Am I free to leave? invoking my right to If they say no say I am remain silent and I am invoking my right to an attorney And then shut up and do not say a single thing to them for any reason whatsoever until you have actually spoken to an attorney Yes even if it takes hours Yes even if they start talking to you about something else Finally a very important disclaimer Meme

found ON 2019-09-10 12:25:35 BY ME.ME

source: reddit