Thanks Kly. Another question.
From your experience, why do clients talk to law enforcement without legal counsel when they have to know they have a potential liability hanging over their head? Perhaps you saw the video of him telling the police about what happened that night. Why would he think what he said would be exculpatory especially since it invloved a killing. I just don't understand it.
That's a good question. My general answer is that people often think they're smarter than they actually are. Often an interrogating officer implies cordially that the suspect/witness can help himself out and perhaps avoid trouble by "cooperating." The friendly cop suggests the suspect could make things easier for himself by speaking or if he requests an attorney, the cop might say that they'll seek additional charges or not offer any deal. Both of those promises are false.
A former colleague of mine was dumbfounded once when a client gave a long statement that ultimately implicated him in a felonious conspiracy charge. When he was asked why he decided to speak even after he was advised of his right to counsel, he replied that if he remained silent and asked for a lawyer, they'd think he was guilty.
My advice to anyone arrested for anything is not to speak to an interrogating officer, but get a lawyer and speak through him or her. Those statements can never be used against you. Young people especially should be mindful of this. Oh, and never consent to a search of your car for a traffic violation. If you say no, they need a search warrant and while they may threaten you by saying they'll detain you until they get a warrant and have it signed, it's a bluff because they know they don't have probable cause to go into your trunk, and a magistrate won't sign the affidavit.
