You have the right to remain silent. No, really, shut up.

We have been in trial all week, and it's fascinating. (Yes, you'd think I'd have seen a trial from beginning to end before this, but I haven't. Especially not one where I have access to the behind-the-scenes bits.)

Anyway, I learned a few things about interrogation this week:

• Good cop/bad cop is totally a thing and it totally works.
• It's amazing how quickly an interview room can become this incredibly intimate space, filled with someone's life stories, where people who've never met talk about things you'd never raise with your closest friends.
• If I am ever arrested, even if I'm innocent as a lamb, I am NOT SAYING A DAMN THING TO LAW ENFORCEMENT. Ever. You shouldn't, either. Ask for your lawyer and shut your fool mouth.
• (Not meant as a moral judgment against people who do talk, or a slam on law enforcement. It's just I think it's so easy to want to set the police straight, to explain what things were REALLY like, you can get tripped up. Just be quiet.)

* * * * *

Also, totally un-trial-related: this stuff is, like, the most amazing product. It actually does leave color on my lips at the end of an 8-hour day filled eating messy stuff and drinking (as in liquids generally, not booze). I wish they had more neutral-y kind of colors, but that stain really really works.

* * * * *

And now I need to go to bed. Am so excited to break out the down comforter. It's 62 degrees! My window are open! I can sleep in fresh fresh air!

Comments

[What Now?]

This is ridiculous, I know, but I actually spend time thinking about what I will do if I'm ever questioned by police or arrested or put in jail ... far more time than is reasonable, given the law-abiding life I lead. And I know myself and know that my weakness would be talking too much -- both out of "nice girl" tendencies and out of my misplaced belief that a reasonable explanation can solve most problems -- so I'm actually grateful for your advice on this point!

So here's my question, gleaned from cop shows: What if I'm asked to "come downtown for questioning" but am not under arrest yet? At what point does one clam up and ask for a lawyer? Are you allowed to ask for your lawyer before arrest? What's a good line to use when refusing to speak? I need a "polite" line to memorize as a script in case I'm ever in this situation.

And yes, I think the odds of my being in this situation are very tiny, but somehow I'd feel better if I had a script! (It's a neurosis thing.)

[meg]

I remember reading an article not too long ago, by a lawyer, that advised NEVER talking to the police. No good can come of it, he said.

It did leave me wondering how the po-po are going to solve *any* crimes if everyone followed that advice.

[New Kid on the Hallway]

meg - I guess I have a few responses: first, I don't think it's ever going to happen that no one talks to the police. Also, I would probably relax this for if you're the victim, or really really clearly a bystander. Say, police are canvassing a crime scene (e.g. if the police show up to a car accident and you saw it happen, talk to the police. Or if you're asked to try to id someone out of a lineup). But if it's ever about your involvement, or you're asked to "come down to the station," don't talk (e.g. the police show up to a car accident and you were driving one of the cars, don't talk to the police). Eyewitness testimony is notoriously unreliable anyway, so I'm not sure fewer people talking will always be a problem. (And I'm sure in a lot of contexts there are always going to be people involved in crime willing to finger others for leniency, which is different.) Plus, feel free to talk with a lawyer present. But overall, I guess I figure if people stop talking to police, the police will have to reform policies and avoid tactics that lead to false confessions.

What Now?, that's a good question! First, let me preface this by saying I am not a criminal defense lawyer by training and this is just my gut reaction - it's not formal legal advice and shouldn't be treated as such. I could well be wrong!

Basically, though, as I understand it, you never ever *have* to talk to the police. If you aren't in custody (that usually means under arrest, but not always), you don't have to do anything. You can also have a lawyer with you any time you talk to the police, regardless of whether you're arrested or not - the police don't have the right to talk to you alone (they may tell you you can't have third parties present, but you can refuse to talk to them. But honestly, it's probably better just to refuse to come down to the station or to say you're only talking to them with a lawyer b/c I suspect they would try to tell you you're not under arrest, you don't need a lawyer, they can't be in the room, etc.). Not knocking the police because they do a tough job, but I think in a lot of instances the police rely on their suspects not being especially sophisticated and not knowing their rights, to make it appear like they *have* to talk to the police.

I don't think there's any clear script you need to use here - you could say something like, "No, I'm sorry, I can't come down to the station" or even, "I'm not willing to talk to you" (if you want sound extra polite, you might say "at this time") or just "I'm not willing to talk to you without my lawyer present." if they tell you it's just a conversation and you don't need a lawyer, you can say, "I understand that, but I still want my lawyer present." If they threaten you with stuff - we'll get a warrant, we'll arrest you, you're making it really hard on us, we're doing our job, don't you want to solve this crime? - you might say something like, "Then you'll have to get a warrant/arrest me" or "I understand that, but I'm still not speaking to you without a lawyer." I suppose they might then send people to your home to talk to you, but I would say don't let them in and call your lawyer (this assumes you have a lawyer who's willing to show up at short notice, of course!). If they do get let in (say if they have a warrant to search your home), just say, "I'm not going to answer that" and keep quiet. (This is easier said than done, but it's kind of an extreme example and unlikely to happen!)

If you're actually in custody, and the police want to question you, they have to read you your Miranda rights (and usually have you sign something saying you've understood them and waived them). That's the "you have the right to remain silent" speech. If you are at that point, ASK FOR YOUR LAWYER AND SHUT UP. (Reasonable language might be, "I'd like to call my attorney and I'm not going to answer any questions until my attorney is present.") Although police are then supposed to cease interrogation, they don't have to be silent, and if you do, say, comment on anything they're saying to each other (that happens - conversations about the crime in front of you while you've invoked your Miranda rights), then (I think) you're waiving your invoked right to remain silent. So really, don't say anything after that point.

At least, as I said, that's how I understand it. But I'm sure I'm missing nuances. Or even big things. So, you know, this is all hypothetical and if you're ever involved in something where the police might be questioning you, find a lawyer!

[What Now?]

Oh, and when people say, "I want to call MY lawyer" ... I mean, really, how many people actually have their own lawyer?! Or do most people just ask for A lawyer and get a court-appointed one and then, if something goes to trial and they have resources, they find a lawyer later on?

And, really, I'm not actually planning on breaking any laws and getting into trouble with the police! But D. had this troubling experience last month in which she was out taking a late-night walk in our neighborhood and witnessed a one-car accident (the driver fell asleep at the wheel and crashed into a telephone pole right in front of her -- scary!), and she called it into the police/ambulance and stayed there until they showed up, and the police were totally hostile toward her and kept almost accusing her of somehow being involved in the accident! Somehow her being a Good Samaritan and staying at the scene made them very suspicious, and they kept asking, "Why were you out walking? Why did you stay here with the driver? What role did you play in this?" So that incident probably revved up my usually dormant fears of involvement with law enforcement.

[Seeking Solace]

I've told clients and students to "Shut up and lawyer up". You cannot talk your way out of a situation. Yes, the cops will use the good cop/bad cop, use and informant or snitch to try to get you to talk while in the holding cell and so on.

[New Kid on the Hallway]

I think people who have their own lawyers are people who have enough money they need help managing it (wherever the money comes from!). My family wasn't very far into that category, if that makes sense, but I know my parents had/have a lawyer handling their estate stuff (not that such a lawyer does criminal defense, but can presumably recommend someone).

Also, you need to show you can't afford a lawyer to get a court-appointed lawyer. So if you have resources but don't have a lawyer, you start asking everyone you know if they can recommend someone. Or flip through the yellow pages. :-)

[Susan]

I can imagine that interview rooms get intimate. I was on a jury last January for a trial that lasted a week; the case involved someone who got injured while skiing and then sued the ski resort and its parent corporation. The plaintiff's lawyer was *very* loquacious and had such a detailed, even repetitive, step-by-step method of questioning everyone. I know that some other folks on the jury--even though we weren't discussing the case--were annoyed by that, but I'd seen enough tv dramas to realize that he had to both lay the groundwork for damages AND make the case about the negligence they were asserting. So over the course of the testimony, we saw vacation photos, heard from the plaintiff's doctor and PT and relatives, heard about the grueling recovery programme s/he did, heard about all the effects the accident had on the family. It was all really intense...and then, it was over. It was a weird feeling the next week. I found myself wondering whether the plaintiff got that job s/he had been interviewing for (which somehow worked its way into testimony) or how their childcare issues got solved (another point of testimony).