It's two in the morning and someone you know has just been arrested. You know you need legal assistance and you don't want your friend to make a confession, confront the American or be fingerprinted, especially if this can be avoided. It is difficult to know what to do and who to trust. Also, you don't know who will be able to answer the phone at that particular moment. Here's what you need to know if this situation occurs in the United States of America.
Steps
Step 1. Find out where he is being held and by which law enforcement agencies
Whether you get a call from a police officer or your friend, be sure to ask this question. If possible, tell your friend that you are looking for a lawyer and not to answer any questions from the police that compromise his situation until the lawyer arrives. In short, it is a good idea to answer on "name, position and tax code number". It is advisable to cooperate, but to say as little as possible until the lawyer is present. Anything he says, even to you on the phone, can be used against him in court, so the presence of the lawyer as a defense mediation between him and the police is essential. Your friend will have to immediately say "I want a lawyer" and the police will not be able to question him. Even if he will have to repeat it several times, he will protect himself from saying things that could be used against him during the trial.
Step 2. Ask what the precise accusation is and don't let me try to explain what happened
The phone call is not excluded which can be, indeed certainly will be, recorded by the police for later use. If the arrested person is an adult, the police are not required to tell friends and family.
Step 3. Advise him to tell the policemen that he will not answer any questions or that he will not undergo any examination in the absence of the lawyer
Tell him not to make statements on any alleged offense, with the exception of the alcohol test (see Warnings), unless or until he receives certain instructions from his lawyer. Only the arrested person can appeal to his rights; no one else can do it for him.
Step 4. Find a criminal lawyer
Keep phoning various lawyers until you find one who answers the phone or has an answering service that gives you the ability to connect with him at any time of the day or night.
Step 5. Tell the lawyer that your friend has been arrested, give him the address of the police station and all possible information
Many attorneys do this for free, but they may also charge between $ 150 and $ 350 for the call.
Step 6. Collect as much money as you can to pay the lawyer in court and to be released on bail
It is more important to have a good lawyer right from the start than to get the arrested person out of prison.
Step 7. Then, make sure that his rights have been read out before the interrogation
If the police interrogate the suspect without informing him of the rights he enjoys, the interrogation will not be deemed admissible in court. If you want advice, that's unlikely to happen. For advice, this might never happen
Advice
- Remember that the best way to help him get out of the problems related to the arrest is to avoid the arrest itself in the first place. Therefore, keep him out of situations that can compromise him, such as fights, alcohol abuse and help friends do the same.
- If you have trouble knowing where your friend has been held and with which law enforcement agencies, seek out the services offered by a bail bondsman, as they have experience in these cases and can sometimes pinpoint where before you. the arrested person is found.
- Consider calling the parents, especially if you can't or choose not to get involved. If your friend has alcohol or drug problems, he may be trying to avoid his parents. They may also be willing to assist you financially to get out of jail. They can choose anonymity to avoid any embarrassments.
- Tell the lawyer that you need his intervention to ensure that your friend's rights are respected only for the night in question and possibly for the next day, when the charges will have to be officially read, if any; do not sign any long-term fees without the presence of the accused person.
- Any fees to be paid for the next day's appearance should be fixed or hourly. Most are around $ 150- $ 350 per hour, which is more in urban areas.
- Most minor offenses and traffic law violations can be settled at the police station through the use of a desk appearance ticket (a subpoena for the official reading of indictments) or a sergeant's bail desk (bail issued by the sergeant).
- At the time of the appearance for the official reading of the charges (and, therefore, any dispute by the defense), you are not required to use the lawyer who assisted you at the beginning. If the accused person cannot afford a lawyer, a public defender will be appointed to represent him. Often the best and best known lawyers in the courts are public advocates, although they are the busiest and are unable to offer your friend more time than a private lawyer does. He will probably be better assisted by the latter, however a public defender will be made available if possible. Avoid hiring those lawyers who stop you in the hallways of the courtrooms!
- This is a terribly embarrassing time. The information to be given must be in the average of what is requested. If your friend cannot go to work because he has been arrested, it is advisable to ask him for the e-mail or telephone number of his manager and determine if he intends to inform him about the situation. If it is necessary to use discretion, it is advisable to identify the most appropriate reason to justify the absence of your friend at work.
Warnings
- A verbal statement is as inconvenient as a written one. It is always better not to say anything.
- The police carry out a public service and do very important work, but that doesn't mean they won't try to resort to subterfuge. When investigating a crime, nothing prevents her from giving you misleading or even completely false information in an attempt to provoke you into making a statement. Consequently, do not take everything a police officer says as necessarily corresponding to the truth.
- Beware of lawyers defined in the United States as "dump trucks", that is, ready to come to terms during the proceedings. Make sure that the lawyer hired is willing to examine the facts relating to the pending lawsuit, that he believes your friend and that he trusts his version until proven otherwise.
- In some states you have limited time or no right to contact a lawyer regarding alcohol testing. Furthermore, refusing to submit to it involves the same penalties as if it is positive. Refusal to undergo the alcohol test implies the automatic suspension of the driving license, since consent to this test is a condition for issuing the license. On the other hand, the arrested person may have valid reasons not to undergo a blood test (for example, for the presence of other substances in the blood stream), since losing the right to drive cannot be a great concern. Never ask cops for advice; they are paid to obstruct the arrested person. Call a lawyer right away and ask him.
- The police are not required to "read your rights" and, if they do not, the arrest is not invalidated. You just need to make sure your rights are respected if (a) you are arrested And (b) ask questions about the crime committed. There are some exceptions to these rules, but they are technical in nature and usually only a suitably qualified lawyer can spot them. In any case, it is always better to be safe and not give information spontaneously. So, tell your friend to just stay calm and continue to request the intervention of the lawyer.
- Never hire a lawyer who approaches you in a corridor near a courtroom or in the court, offering you his services. It is luring you and it is not ethically correct. The judges and the clerk's staff know these people and do not treat them with respect. You will harm yourself.
- Don't worry if you can't find a lawyer to represent your friend in court once he's released. Some courts do not allow an unauthorized lawyer to attend during the appearance for the official reading of the charges, but will provide him with a specific lawyer for this circumstance, if requested, or will give the defendant time to choose him before the appearance.
