Pennsylvania Firearm Owners Association
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  1. #1
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    Default So what happens next?

    So I see these videos on youtube that say that if the cops/govt come to you and ask you questions about something, you are supposed to ask them if you are being detained.

    If they say, yes, you are being detained, you are supposedly supposed to say, " I would like a lawyer".

    So what happens after you say, " I would like a lawyer"?

    a) Do they call a lawyer on the spot to come represent you? OR
    b) If thats not what they do, then are you supposed to have already had a lawyer all this time just in case you ever needed one?
    c) If the answer to 'b' is yes, do you pay a lawyer $100 a month and he becomes "your" lawyer? How does a lawyer become "your" lawyer?


    Thats it for now. Will follow up with questions based on the replies.

    Thx guyzz

  2. #2
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    Default Re: So what happens next?

    I am NOT a lawyer, so take this with a grain of salt....

    I think the idea is to make life painful for a LEO on a fishing expedition so that they choose to move on and harass someone who is more willing to divulge every detail about their life.

    It's that classic, do you know how fast you were going? line. Yes I do = you were willfully breaking the law. No I don't = you were not in control of the vehicle. That confession can be used against you in court, especially if it was on camera.

    There are limits to how long you may be detained without being arrested, such as at a traffic stop. If you are pulled over for a speeding ticket and there is no reasonable suspicion of any other crime, they can't keep you on the side of the road for any longer than it takes to write the ticket unless you agree. I think the "Am I free to go?" is a clear way of saying I don't agree to stay, and your attorney may get something out of that later on if things go south.

    If you are really under suspicion for a significant crime, and they have evidence enough to arrest you, they will no matter what you say or do. I believe you are only constitutionally due an attorney after you are booked, fingerprinted and in jail to aid in your criminal defense. You will not afforded one constitutionally outside of that, such as at a traffic stop, or to keep you from being arrested. Even if you have one on the payroll, I don't see a LEO debating the finer points of criminal law with them before your arrest.

    There are many videos on Youtube that purport to tell you how to outflank the cops when they question you. The best video I ever saw was entitled NEVER SPEAK TO THE POLICE. The summary was that you will never gain anything by talking to the cops and you cannot outmaneuver a professional when being questioned.

    I think the right thing to do is:
    1. Keep your mouth sewn shut if they are investigating you. Let them know that you will consult with your attorney and will be happy to cooperate though said attorney.
    2. Have a competent attorney's 24 hour number in your wallet just in case they decide you are going to spend the night at their place. There are a few on this forum i believe.
    3. If they are coming to you as a witness, this is where it gets murky. They may actually be investigating you instead or also. Be careful what you say. See #1.

    There is also the old adage of catching flies with sugar to consider. I believe that a traffic stop where you are polite (Good morning officer) and respectful (may I reach in the glovebox for my insurance card?) will go a long way to getting you on down the road without the whole "Am I being detained?" thing. Politely decline to answer fishing questions, politely decline a search of the vehicle and if they get testy after that, you can go into the routine.

  3. #3
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    Default Re: So what happens next?

    When someone is being questioned by the police and invokes their 6th amendment right to attorney, the police can't question the person any further until an attorney representing the person is present. Even then the person could also invoke the 5th amendment right to remain silent. If the police have enough evidence to arrest they can arrest the person on the spot without questioning them due to their request for an attorney. However if the police don't have enough to charge they are going to have to release the person. It's not the police's responsibly to get the person an attorney.

  4. #4
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    Erie, Pennsylvania
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    Default Re: So what happens next?

    Quote Originally Posted by OrangeCan99 View Post
    If they say, yes, you are being detained, you are supposedly supposed to say, " I would like a lawyer".
    They are not going to get you a lawyer, unless you are locked up and charged with a crime, and you can't afford one.

    If you are detained (not traffic), ask to speak with your attorney (possibly on retainer), then shut up.
    Quote Originally Posted by Aggies Coach View Post
    Cause white people are awesome. Happy now......LOL.

  5. #5
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    Default Re: So what happens next?

    I do not have a lawyer on retainer but I have a couple of numbers in my contact list should I need one. I found an awesome general practice (if that's a classification) lawyer near me, who I call with general questions. He really is head and shoulders above the rest and he knows me so he talks to me and sends me a bill when I bug him. But then, he always did that, even before he knew me and that is one reason I like him. BTW, his bill is usually something like $50, probably a little more now but not the $200 some will demand before they even talk to you. I pay the bill quickly as I know how they can be and I don't want to ruin a good thing.
    Gender confusion is a mental illness

  6. #6
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    Default Re: So what happens next?

    Hopefully not to threadcrap, but what about multi-state? I travel frequently between PA/MA/DE and always wondered what I
    would do if detained in another state. I've never (knock knock) needed representation outside of realestate so I'm not prepared
    with contact information of a criminal attorney.

  7. #7
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    Default Re: So what happens next?

    Quote Originally Posted by 85MikeTPI View Post
    Hopefully not to threadcrap, but what about multi-state? I travel frequently between PA/MA/DE and always wondered what I
    would do if detained in another state. I've never (knock knock) needed representation outside of realestate so I'm not prepared
    with contact information of a criminal attorney.
    I don't know and hope I never have to find out.
    Gender confusion is a mental illness

  8. #8
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    Default Re: So what happens next?

    Quote Originally Posted by Gun View Post
    They are not going to get you a lawyer, unless you are locked up and charged with a crime, and you can't afford one.

    If you are detained (not traffic), ask to speak with your attorney (possibly on retainer), then shut up.
    That means, people should already have spoken to an attorney much earlier and hired the attorney,correct? So how do you hire an attorney to be "your" just -in-case attorney?

  9. #9
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    Default Re: So what happens next?

    Quote Originally Posted by OrangeCan99 View Post
    That means, people should already have spoken to an attorney much earlier and hired the attorney,correct? So how do you hire an attorney to be "your" just -in-case attorney?
    I don't think you do.
    Gender confusion is a mental illness

  10. #10
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    Default Re: So what happens next?

    Having an attorney on retainer essentially means that you pay them regularly to be at your beck and call. I think this is generally done by people who have frequent legal issues. Not sure that too many people have a "just in case" retainer without frequent need of legal counsel.

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