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More About Talking To a Lawyer When Arrested

April 10, 2013 By Mark Draughn Leave a Comment

A few weeks ago, I wrote about an organization called First Defense Legal Aid that provides legal advice to people arrested or detained by the Chicago Police, just by calling 1-800-LAW-REP-4. Criminal defense lawyer Matt Haiduk (whose blog I quoted in the original post) adds this note in a comment:

…don’t ever think it’s as easy as mentioning you want a lawyer and thinking they’re going to give you a phone to call one. You have to absolutely refuse to answer any of their questions until a lawyer is present. Believe it or not, the cops don’t like this. Sometimes they’ll just stop the questioning and leave it at that (without letting you call a lawyer). It’s not uncommon for them to screw with you, though (ie. asking for the name of your lawyer before you call anybody).

I’ve had clients call from the station and when I talk to the cops (and tell them not to ask another question until I get there) they’ll tell me that they can’t be sure I’m really a lawyer, or that my client “isn’t a suspect” so it shouldn’t much matter, etc.

Be persistent, regardless of what they tell you, or what you’ve previously told them.

That sounds like good advice from a lawyer.

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