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View Full Version : A Message From A Criminal Defense Attorney




sylvania
07-25-2007, 09:59 AM
I came across another thread in this forum regarding police questioning some people for signs they had put up that were in violation of some ordinance law. I thought it might be good to share this message that I saw posted somewhere else. I can't remember where. It's escaping me. I've joined so many forums and blogs over the past week. I'm not a blogger at all, but since discovering Ron Paul it has become an addiction.

Anyway, I thought the info was great and checked with the public defender's office in my city. The lawyer I spoke to said it sounded correct to him.. We have begun to direct people to it in our meetup group.

Here it is:

Here’s a primer, from a criminal defense attorney, for grassroots supporters in dealing with the police during our campaign for Ron Paul:

First let me say, that I doubt many people who are campaigning will ever even interact with the police. We are a peaceful group intent on supporting Ron Paul. Aggressive interactions with the police should always be discouraged. We don’t need that kind of press. I write this primer because I want to prevent people from becoming discouraged in exercising their free speech rights. If you know how to handle a stressful situation, you usually can avoid it to begin with.

I’m a criminal defense attorney and I’ll give my standard disclaimer – I don’t know the laws in your state and I’m not giving you legal advice. All of what has been written here is my opinion. In my opinion, if you do not talk to the police then they will have nothing on you.

Some tips for avoiding problems with the police while campaigning:
1. Do not include personal information on the signs you hang, such as your name or phone number.
2. Do not put videos of you committing crimes on YouTube.com or other sites.
3. DO NOT TALK TO THE POLICE. NOT EVER. NOT FOR ANY REASON.

Here is an excellent video informing you of your rights when dealing with the police:

http://www.youtube.com/watch?v=yqMjMPlXzdA

I am not affiliated with the above video in any way, but I purchased it to keep it runnning on a loop for clients in my waiting room in hopes of educating them. You can view for it free.

I am constantly telling my clients that if they had never said a word to the police, they would not be sitting in my office. They would be out enjoying their lives because the police would have had no evidence with which to prosecute them. DO NOT TALK TO THEM.

Here is what you can say if you are ever stopped by a police officer:

“I am not talking to you. Am I free to leave?”

“I am exercising my right to remain silent. Am I free to leave?”

“I will not speak to you. Am I free to leave?”

“I have the right not to talk to you. Am I free to leave?”

This right is guaranteed to you by the 5th Amendment to the U.S. Constitution.

Remain calm, do not get provoked, and politely repeat yourself while remaining firm. It is very difficult to say these things, I know. We were taught from birth that it is never okay to talk to strangers but it is always okay to talk to the police. They are our friends. I am here to tell you, that no, it is not okay. There are plenty of good, honest cops out there, but any cop who is investigating a minor sign violation is not your friend. They are not trying to exonerate you. It is not in your best interest to engage in ANY conversation with them. There’s nothing to be gained. If you need to practice and role play using the phrases above, then do it. You must become comfortable refusing to talk to the police.

If you are ever told that you are not free to leave, then demand to know what you are being charged with and request an attorney. It’s your right. Exercise it. DO NOT TALK TO THEM. A confession will never help you. Further, explaining, “I didn’t know that it was illegal,” is not a defense to a crime or violation, and will only be used against you in the future.

Most often, they are just bluffing you and responding to someone’s complaint (perhaps someone supporting another candidate). Most cops are a lot like you and me, are interested in doing the least amount of work. They’re not going to expend energy when they don’t have to. If you talk to them, you’ve done all their work for them. So, don’t talk to them. It will never help you.

If you are ever called by the police, simply say, “I don’t want to talk to you,” and simply HANG UP. Treat them like telemarketers.

Do not allow them into your home. If they knock on your door, you don’t have to answer the door. And if they pop up unexpectedly, step out onto your porch closing the door behind you, and use the phrases above. Just keep calmly repeating them, if necessary.

I think that very few people working to elect Ron Paul will ever even interact with a police officer, but an ounce of prevention is worth a pound of cure.

If you would like to check any of the above information, please call your local public defender. Most offices have an attorney-of-the-day designated to handling questions from the public. You pay them (with your taxes), you might as well use their services.

Obviously, the official campaign cannot advocate this, so all that are reading this thread, please distribute it as you deem necessary or useful to your meetup groups and spread the word. As this campaign continues to grow this may become more of an issue.