We’ve all seen the cop show where the police are sweating a confession out of the accused and just as the killer is about to admit his guilt, the defense lawyer rushes in and cuts off the interrogation by shouting: “Don’t answer that! This interview is OVER!”
Apparently defense lawyers (like the Terminator) are able to barge into secure areas of the police station anytime they want. Guess what? This NEVER happens.
When the police arrest someone and want to question them they first must read the suspect his rights as set forth in the US Supreme Court case of Miranda v. Arizona (1966). Most cops will carry a card from which the rights are read:
- Number 1 is good to know, especially when read by a police officer, who–at this particular moment–is not your friend.
- Number 2 is so blunt and honest it makes me want to cry. Read it again. Notice how “anything you say” can be used against you. So if you tell the truth, they can use that against you. And if you tell a lie–and they later find out–they will use that against you. Consider the meaning of remaining silent. It’s for the best. Just say: “I want to talk to a lawyer first.”
- Number 3 gets a little tricky. It seems to say that if you ask for a lawyer, they get one in for you. News flash: THEY WON’T. But they have to stop asking questions (which is the main point here).
- Number 4, like number 3, should not be misunderstood to mean that you will see a lawyer anytime soon. If it’s a Friday night, it would be a miracle if you saw the public defender before next week.
- Number 5 just says you can confess to all, part or none of the crime. You can stop confessing whenever you want.
Another thing to keep in mind about these rights is that they are the rights of the accused, not his lawyer. If your spouse has hired a lawyer and sent the lawyer straight to the jail, he will not be rushing in to stop the questioning. You will not see him or even know he is in the building until the police are finished with their questions.
That is the bottom line: no suspect is going to talk to a lawyer until the police have finished their questioning (one exception being a DWI-related case where suspect is permitted to call a lawyer, IF THEY ASK TO).
If the police are smart–and many are–they will not let a suspect talk to ANY OUTSIDER until they get everything they can from the suspect. That will happen more quickly if the suspect stops all questioning by asking to talk to a lawyer.
Once the arrest and booking is over and the person is (hopefully) bailed out of jail, the accused will need a lawyer, but the case that is eventually presented to that lawyer to defend may be very different, depending on how well the defendant listened to the Miranda warnings and asserted those rights.