Lisa Pelosi: The police are very careful in how they use the Miranda in that they draw a distinction between someone naturally replying to questions but they weren’t under arrest at that point.
Be Polite and Calm but Do Not Sign Anything or Supply More Than Basic Information, Unless You Have an Attorney Present
The best advice to someone who is being detained or arrested or being held by police is to be polite, to be calm but to never sign anything. Just simply say that you want to cooperate, but you will not do anything, sign anything, or give them anything other than your name, unless your lawyer is present. Just do it in a polite way.
Be steadfast then that you won’t have any conversations with the police, unless the lawyer is present.
If the officer or the detective says, “Well then call your attorney,” you then have the right to make the call. If you don’t have the funds for an attorney, you need to tell the police that they need to provide you with a free attorney, because you will not speak to them without an attorney.
Are You the Subject of a Criminal Investigation? What Should You Do If You Are Contacted by the Police?
Interviewer: Do you have situations where a client said that the police called me and they said they just want to talk to me; they are not under arrest, but they want me to come down at the station to talk. Why would the police do that? What should the person do?
It Is Advisable to Contact an Attorney as Soon as Possible
Lisa Pelosi: I get many calls from people in that situation where they have received the calls from the police or usually it’s a detective. At that point, it is a critical time for someone who’s about to be accused of the crime or arrested for a crime. That’s a key time when you need to reach out to an attorney and the attorney takes over.
Because what is happening is they are going to arrest you, but they won’t arrest you until you make a statement. So you really need an attorney to get involved before you ever go down to the precinct and let the attorney be a buffer between yourself and the police department, completely for you protection.
It Is a Mistake to Assume That You Are Innocent and Do Not Need an Attorney
The fact that you might not have anything to hide or that you’re innocent, is an even greater reason for you to call an attorney. Whether you found something out or you haven’t, you should always have an attorney and it’s your right to have an attorney.
Don’t fall into the trap where they say, “Well, if you have nothing to hide you wouldn’t need an attorney. That is your absolute right to have an attorney there. The police know once the attorney is there, they lose control of this situation and the attorney takes control with only your interest at heart.
The detectives do not have your best interest at heart. They’re just there to make an arrest. There is no statement you can make with detective that will not be used against you. The police department is not going to help you.
