Quote: (09-16-2018 09:36 PM)godfather dust Wrote:
Let's say I'm walking down the street, and to make it interesting I have done something criminal. Cop pulls up, start asking questions.
Someone I know uses the line "my lawyer has advised me not to answer any questions without him present."
Basically, the idea is if they want to talk, arrest me, and they can talk to my lawyer.
Is that line bad, other than pissing off the cop? I'd rather get arrested and deal with it at that point then say damn near anything besides name and address.
It is extremely bad. Generally, no adverse inference can be drawn against you for exercising your right to silence. What you are saying here is that you may or may not wish to exercise your right to silence subject to your lawyer's advice. Now, depending on the circumstances of the case, a prosecutor may be able to get this answer into evidence. If indeed you then decide to remain silent (subject to legal advice, or for any over reason) an adverse inference will almost certainly be drawn against you.
Bottom line: You have a right to silence. Use it. Don't apologise for using it. Don't complicate it.
Note: In some jurisdictions, the right to silence is watered down if you actually have a lawyer present. For this reason, I would never actually get a lawyer in during the initial arrest process, I would simply remain silent, and let them charge me. Fact is, if they have evidence, they will charge me anyway. That's what I would do. However, there are many possible factual scenarios where this may not be appropriate, especially as each jurisdiction may have its own peculiar legislation whereby the right to slice is watered down.
That's what worries me about this thread. Any criminal lawyer worth his salt would not possibly give this kind of anonymous advice to people he doesn't know without being fully briefed on the facts, and knowing the law of the state, territory or province in question.
OP is playing a very dangerous game here. Well meaning incompetence is the most charitable characterisation I can ascribe to his motives for this thread.