Why You Should Never Talk to the Police Without a Lawyer Under Any Circumstances
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- Опубликовано: 27 ноя 2020
- Welcome to the DUI GUY Livestream!
DUI defense attorney Larry Forman addresses the question, "Why you should never EVER talk to the police under any circumstances or at any point in time...EVER!" He stresses the importance of knowing your rights before you get caught driving under the influence. Watch this video to find out what you do instead of talking to the police; all of which will help you to beat a DUI charge in court!
James Duane’s lecture referenced in the video (WATCH IT!): • Don't Talk to the Police
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There are times when you have to talk, but for the most part I agree with this excellent information. If you don't know when to talk and when not to talk, then USE HIS ADVICE IN THIS VIDEO.
DUIG:: I have listened to many MANY videos of sov citens..who DO say I have nothing to say. then spend 45 talking out their ass.ets. SO if you dont talk with the police at their behest.. belive you have been arrested many times and paid out fines for your non compliance.. pithy
@@guysabol8743 Not quite clear what you were saying... But... It looks like you're agreeing that "It's better to be silent than to open your mouth and remove all doubt." _Abraham Lincoln_
This is adressed to the dui guy. Can police come onto private property to issue a defect notice on my car and proceed to search my car without permission? Also if the spelling of my name and address and make of car is incorrect is the defect valid?
One of the best comments I've ever seen.
@@bari2883 no
Repeat after me: I have nothing to say to you without my attorney present
I downloaded the audio book by James Duane “you have the right to remain innocent” I highly recommend it.
I made this video required viewing for my four grown-up kiddos, who are all in their 20s.
I've been drilling this concept into their brains since they were small children . Thank you
Defense/Tort Lawyers are true heroes. They do not get credit they deserve from society. Hold power responsible!!!
you are so right
Oh, please!
No one, NO ONE, not even people we'd consider rich have a single recognized right in or out of court. What inalienable rights and whose rights would they be if they must be rented from lawyers?
The former governor of Rhode Island was charged $1.3 million in legal fees to get the state constitutionally guaranteed right to Discovery. One of his lawyers let it slip,"At these prices who can afford justice?"
Forced to plead out the nolo contendre granted him the only "right" any if us have: the right to grovel. He did get a trial by press. Over two Sundays' editions of the Providence Journal-Bulletin the case against him was prosecuted without the interruption of defense. The Attorney General didn't abide by the terms of the deal he'd signed on the release of the accused.
It wasn't necessary to falsify the transcripts in this felony case but perhaps some learned lawyer or sage judge in this great land of ours would like to explain that practice to us.
In reality it does not start when the officer cuffs you and reads you your rights. It starts as soon as the officer arrives on the scene and from that point on "Everything you Do or Say, up until the time the officer cannot see or hear you, Will be used Against YOU in a court of law".
GREAT VIDEO!!!!
Your advocacy to justice in the court is profusely admirable. Understanding the pure words of the Constitution is always how to define the law. Thank you for your determination and preservation to protecting our Rights. No one can talk their way out of a ticket - If questioned: Tell the police person or the judge: " I have talked to my Council. Can my answer violate my Rights? " This statement has left me with a clear record for the past 20 years. Keep up the great job you do here. :)
My dad helped to build the addition to the Oakland County Jail in Oakland County Michigan and though he was just one of many general foremen on the job he became quick friends with Sherif Nichols (deceased). During this time they spoke about all sorts of legal and non-legal matters but the statement my father always drilled into my head was "Do NOT talk to the Police for any reason at all even if it is to say good morning!" The police officer could be looking for drunk drivers that morning and you may have said it in a slurred manner, you don't know but what you can be sure of is a hammer is always looking for a nail.
I asked for a cop for directions one time because I was lost and he started to question me in a interrogative way. I had cuts on my hand because I had punched a wall earlier that morning and the cop saw the cuts on my hand and began accusing me of domestic violence. He then asked me for my ID and I had to wait there for at least half an hour, standing there in awkward silence with this cop while he was looking up my name in the system. He then asked me if I had papers and i asked what he mean by that and he said what my legal immigration status was. The nerve of this guy!
Absolutely! Listen to this lawyer! NEVER ever say anything , do NOT answer questions until your lawyer is present.
I can give you a reason not to talk to police, one name, Michael Flynn!
@mat denis Trumps Ex National Security Adviser. The FBI tricked into talking then arrested him for lying
Everyone could LEARN from that also!
100%
You should never to police because they're sneaky as hell and they're always trying to build a case against you all the time.
I read a book called You have the Right to Remain innocent. Great book .....gave one to each of my kids. Police have changed since I was a kid in the 60's and 70's.
Loved it! Regret that I missed it live, but I loved it man.
My son in law is an attorney. We watch “Jail” for fun! He goes nuts , “Don’t talk to them, stop talking, stop talking!!”.
James Duane's "don't talk to police" is the video I share with everyone, and even being famaliar with it, I re-watch it several times each year to keep the details fresh.
Your vid came up right after watching that again. I've just started your video, and look forward to your presentation. Already appreciate your perspective. Thank you.
He was probably saying “I want a lawyer, dawg”. You can interject the words man, officer, dude, sir. He didn’t want a “lawyer dog”
You make great content that is both educational and entertaining. You will be at 100K in the very near future. Congratulations on reaching 50K which is an impressive milestone itself.
Absolutely fascinating. Sorry to have missed the live show. Thanks for the great content. Keep shining on.
Excellent topic. I wish I knew this a couple of months ago. Thank you so much for tackling this subject.
So glad to to see your back!! Thank you !
The real content starts at 10:06
I was driving drunk and killed a child. I need the DUI Guy to help me NOT go to jail. His advice is excellent.
Are you kidding?
So we had 35 dislikes in this video. Wonder who they were 👮👮👮. Thanku you are an inspiration.
Thanks for your time and this video. It was very helpful and informative!
Liked, subbed. Watched before, but now I'm a "subber." Congrats on the 50k subs!
I love it when explain stuff it's easier to understand thanks for the channel
Thank you, Mr. Forman, for your channel and your education on law!
Reminds me of the case on Netflix... “Making a Murderer”.
This is the man. Love his videos
Next time i get dui i hire you wherever you are you are the best dui lawer i ever seen thank you to educate people
Thank you! 🎯
Larry, I’ve listened to you a few times now. Your best performance, speaking wise, was the case that you indicated was your first before a jury.
You were most articulate (very few natural, self, interruptions in your speech. I.e., uh, um, uh ....
I’m not really being critical, I think you’re great!
I have some very recent understanding of this dui arrest stuff going through this situation.....
So, I want to mention a few interesting things I learned (successful in the end)
1. Optokinetic nystagmus ( I suspect a frequent mistake by cops is having defendant facing police vehicle lights during HGN Test
2. Dirty cop wrote defendant was “swaying” yet “performed” HGN Test- while swaying?? ( cop didn’t really, not according to standardized NHTSA procedures)- how do you do that with a “swaying “ defendant?
3. We secured in Station video which showed dirty cop would not allow defendant reasonable opportunity to read, Advise of Rights (Maryland) which Was immediately requested before cop started reading asserting Hearing problems . (At trial, Defendant provided certified Hearing exam confirming this)
Cop, in first 2.5 minutes physically interferes with defendant’s ability to read Advice of Rights 5 Times!!!
(I can send you this CCTV video)
4. Cop confiscated an out of State drivers license illegally! (After his training manual instructed twice, not to do this! )
5. Cop’s report said defendant’s eyes were red (defendant provided certified Medical eye exam showing two conditions that causes red eyes as well as a condition, strabismus, that can often result in nystagmus)
6. Cop never performed a “full, proper” HGN Test. (4second minimum at max deviation) . Defendant aborted test by placing chin on chest before a proper HGN Test could be performed. Defendant actually indicated two eye muscle operations in history (ignored by dirty cop- actually wrote in report that he asked: “I asked if he had any injuries that would prevent him from performing Test” (A Total Lie!))
7. Defendant repeatedly requested to take breathalyzer ! Cop ignored request.
I believe he believed he “had enough” especially when he wrote on his report falsely of his “solid, failing”, observations on HGN test
(Defendant refused walking tests indicating bad hip (provided certified medical record))
Larry, on the web is a document kinda titled: HGN Test: A Guide for Judges, Prosecutors, & Law Enforcement...
in it, it clearly indicates that cops are required to document that they ask about specific “eye health “ and document response in report.
Other items in this document helpful.
Also, many cops now are rather short. Height disparity can be problematic as far as proper “discernment “ during HGN Test....
NHTSA Manual provides for cops to have defendants sit during this test eliminating this height issue...
Also, any cop who reports writing or oral testimony of swaying, but then performs a failing HGN Test, is inherently compromised!
Oh, also, CCTV video clearly shows (attorney noticed this!) dirty cop confiscating hand written note sheet that defendant wrote on immediately upon beginning to read Advice of Rights Document ! (Then could not produce when requested by attorney)
Anyway, Love Your Passion!
Thanks for your dedication!
Ps. Btw, passing grade, if I recall correctly, is an 80 percent on 40 hr NHTSA course AND THEY CAN TAKE A MAKE UP TEST! If they fail!
Not a tough test!
Small percentage of course AND exam questions actually about the FSTs or any one specific FST (HGN Test in particular as this seems to hold the most weight)
Also, CCTV at station shows Defendant standing still, no swaying, for 7 minutes uninterrupted! (No Audio in cctv) again refutes dirty cops lie about swaying...
I agree with your video but i have a personal example of talking to the police. In mu poorer days i went around with a large plastic trash bag collecting tin cans. I was at the local high school at 5am with my large trash bag when out popped from behind some bushes 4 cops with weapons drawn. They were there because the alarm had gone off before i got there. They saw me and assumed i was the guy that broke in which was understandable. Had i said, "I refuse to talk to you until a lawyer is present" i would have been arrested and possibly charged. I told them why i had the bag and showed them the cans in the bag and they let me go.
"I never liked the guy." Everybody likes Larry Forman.
Keep Pressing!!!
I love these videos!! new subscriber can't wait to catch a live!!
Love the burns DUI Guy! I'm bummed i missed the live feed, but I'm new to the channel.
The problem that I've seen in a ton of videos specifically interrogation videos is even if you point blank say you want a lawyer oftentimes the officers won't acknowledge that you said that no continue talking anyways and if you firmly say you want a lawyer they'll challenge you for 15-20 minutes about how you want a lawyer before letting you have your lawyer and most cases end up bullying the person out of getting the lawyer that they've asked 1517 times for wish to me seems like a gross violation of the person's Miranda Rights
Still, short of torture, they can't make you talk.
Well if they weren't read their Miranda rights prior to questioning then they don't apply.
But after you tell the cop you want a lawyer, everything said after that is not admissible in court because they violated your Miranda rights. Even if you don't get any Miranda warnings, if the cops try to interrogate you after you insist on speaking to a lawyer they can't admit anything as evidence.
Be thrilled until the thought police at YT decide they don’t agree with you and shadow ban and demonetize your channel. On a positive note, congrats on 50k subs!
I just came across your channel. Here from Bowling Green! Very interesting stuff here! I will be watching your previous videos and any new ones from here on out! Keep up the great work!
Never had a DUI and probably never will being I dont drink or do drugs, but great videos to pass on to those who do drink!
Great advice.
Congrats on 50K
AtA is a great channel :)
Let us know when your RUclips income exceeds your law firm income :)
Thanks!
You bet!
I LIKE UR VIDEO MAN ,UR GOOD
I know of 2 situations off the top of my head why someone would try to expedite their prosecution.
One situation, a homeless gentleman took a rock and busted a window, then asked me to inform officers. They came, and he promptly admitted to his action, and was subsequently arrested. I believe, from the brief conversation I had with him earlier that day, he really wanted to take a shower. It was just big enough to get him arrested, and petty enough not to bring heavy charges.
The other I can think of, is an individual I knew, wanted to get arrested for over 6 months to a year, but not more than a couple, because he heard they'd have to treat his medical conditions. However, it didn't work for him because he was put on diversion, the prosecution cited in why they suggested such, was because his incarceration and medical to care for him would exceed the states budget, or to some effect like that.
Both times, the individuals talked and wanted to go to jail, for differing reasons.
I saw the homeless guy the next day after his night in the can, and he admitted he was a traveler and was on his way to hitch a train ride south. He wanted a couple meals, a place to lay comfortably compared to the concrete, and a shower and was happy I called the cops on him for him. He skipped town I believe that day.
I ain't in deed of an attorney at this moment but if I'm ever in need of one, this guy right here we'll be the one.
Earned a sub today....cops are predisposed to arrest. There is none that won’t if their given a sliver of opportunity.
My children are 10 and 13. Since about two years ago I started discussing with them their rights under the law. They KNOW they have the right to remain silent and the are to USE IT while being respectful at same time. They are to contact me IMMEDIATELY as minors. They are NEVER permitted to let someone search them or their vehicles and as long as you shut your damn mouth there is no probable cause (so long as they don't see anything or smell it). I have heard they can't detain you without probable cause to bring dogs. I don't know 100% accuracy of that though. No way are they allowed in our house unless they have a warrant or we contacted them. We are not handing over our rights. People are too willing to forfeit them giving police officers more ability to abuse them.
cbritt76: Well said, and I hope your kids listened. The Police are becoming like Nazis the way they are behaving. If people recorded every interaction with Police and kept their mouth closed, there would be less violations of the Constitution and hopefully less brutality by those in uniform.
Something important to keep in mind folks. "Ignorantia juris non excusat" or "ignorantia legis neminem excusat" (Latin for "ignorance of the law excuses not" and "ignorance of law excuses no one" respectively) is a legal principle holding that a person who is unaware of a law may not escape liability for violating that law merely by being unaware of its content.. May not sound fair but there you have it.
How you put a every big smile on everyone s face?!
No matter what they call it, it’s still an INTERROGATION!
This is all you need to say: *"I am sorry officer, under the advice of my legal counsel I am unable to answer any questions at this time. Am I free to go?"* That is all you need to say. Repeat as required. Very quickly the cop will realize you will not play his game and will either let you go or ticket you.
You are the best
Police need to understand this and respect it too. For many cops, your silence is suspicious and grounds for violating your rights. It's disturbing.
Say exactly that to your lawyer, the next time you need one.
@@SuperMichelleDJ Never needed a lawyer and I hope to keep it that way. But I assume my lawyer would agree with my statement here. Not sure if you disagree or what your point was.
You’re awesome
"You don't need a lawyer, you need a priest."' 🤣🤣 only time I am nice and friendly is to talk myself out of speeding tickets...not with any other infraction in play either. Since I'm a cute female it works about 85% of the time. Other than that, not a chance. When they come knocking they aren't there to be your friend and I am not making their job easier.
So cops are extorting flirtation.
Missed it live. No notification
Dang it! I need to set a timer up I think to remind me.
18:00 I remember the case he's referring to. The individual said "I want a lawyer, dog." Dog is slang referring to the person he was talking to. I find it funny that cops and detectives can interpret slang easily when it's evidence against a person but not when that person is asserting their rights.
Jim can't swim has amazing breakdowns on interrogation breakdowns.
Speeding ticket for 1mph over the limit??? Most of the court would dismiss this, because even the best radars have tolerance in measurement.
Wow, what's with all of the ads in this clip?
Agreed. I couldn't watch the video. I love this guy but the ads were too much.
This is my first time watching you your Contin is good I'd like to suggest speaking classes Aww umm are way out of line. You do quite well when you're excited Good luck on getting to 100,000
Phrases like “What’s up, dog” are basically African American slang. It’s common and I heard it used when I was a kid in the 90s. This honestly lends credence to the concerns people raise about suburbanites policing people in the city. I don’t know if that’s specifically what happened here, but if an officer “can’t understand” common slang used by the people there, then should they really be policing those people? That’s the most generous interpretation I can come up with here
I disagree with the high court over the black man saying "I want a lawyer, Dog!" Who does not understand that? VERY basic slang.
Hi im new here i hooked day one.
You need to get hooked up with the you tube channel " The civil rights lawyer " he is in West Virginia . You two guys would make a great team.
Never, ever talk to the police without your attorney present and their understanding of the situation. The exception is.....
THERE'S NO EXCEPTIONS
I was arrested and talked to the police. Huge mistake. Wishing I'd seen this beforehand. Listen to this man. Please.
i bet hardin county prosecutor and cops love you.....sarcasm lol
My ears got tired WAYYY before you got to the main part.
Forced myself to listen tho, and you made great points.
As a person that often is taken by police it’s best to be quiet, calm and answer nothing.
I am your new subscriber! Love your court cases. I have a video suggestion for you while we are discussing this topic of speaking to the police etc. Can you do a video on Maya Millete chula vista missing person case. She been missing for the last month and the husband did release some information to the media and everyone started blaming the husband on the statements he made. This is exactly why we should never talk to anyone without a lawyer present. This case has been getting lots of popularity, its on the news and Court Tv channel on RUclips. It would be nice to take your insight on this case. I am sure you will get many views and subscribers on this analysis!
I wouldn't speak to them with a lawyer.
I would like to watch and listen to your content instead of an ad intrusion every minute in your video.
My only christmas wish is a simply one Larry, save me in Maine when i get in trouble.
Youre amazing bro. Im 60 and i like to talk lol. Not to cops anymore.
Do NOT TALK to JW Elders, if you are a member of the JW. Especially if a judicial committee is form.
Try just not being a jehovas witness lol
What about situations where you know you're innocent of commiting a murder and police ask you for your alibi, do I just say , " I'm not answering questions w/o my my attorney present"?
I did not get a notification again. 😭
the problem is not with the amount of power that a police officer has the problem is there's no laws and regulations as to what kinds of people can become a police officer you have people with full-blown major mental disabilities that become police officers that probably shouldn't even legally own a firearm much less have that much authority so it's not the amount of power they have it's the type of people that are allowed to have that much power I also think that the officers are grossly under trained they go to their state capitol for a couple of weeks sometimes a month and that's all the training they ever receive so how could someone with that much power be honestly able to truly say they know all the laws they know what they're not allowed not allowed for people are allowed for people aren't allowed there's no way the officer could honestly say he knows all the do's and don'ts with only a few weeks of training so it's a combination of grossly undertrained as well as people that have no business being an officer being allowed to become officers
If you ask for a lawyer, you will get one in court... I went through 4 court appointed lawyers, and it took 7 months before I even got to tell my side of the story.... But I did beat the cases!
Out of 4 incidents in a 2 month period, I talked to cops twice. One time the other party was arrested, no one arrested the other.
But the 2 times I asked for a lawyer to be present I was arrested and charged with multiple felonies... Because the other party was willing to talk... And lie. Like I said, charges were dropped after a year of pre-trial, but I still spent 3+ weeks in jail for something I was never convicted of! Where's the justice?
Not only was I abused by the other party, but the cops added to it!
@@xandertree You have no civil or human rights with bad police, and you faced bad police.
Follow the script
1. Why did you pull me over?
2. I’m not discussing my day.
3. Am I being detained?
4. I invoke the fifth!
5. Most important bit: shut the fuck up!
Theyre getting paid to do a job. Why do that very same job for them for free?
Do you think that MADD has lived beyond it's goals, and now has caused illegal and false DUI arrests. With cops trying to earn awards and recognition at a dinner and an opportunity to enhance their resume for promotion or overtime DUI events? It's something I've been contemplating.
I didn't let the cop intimate me about taking the physical test ( he wrote i was faking aka lying i was Disabled, and I legally am, for Good reason). Plus I wasn't even driving, anyway i said no to test, i blew .05 as a passenger, too much to explain,but I would like to discuss this. You Rock Larry 🎉😊
I’ve talked myself out of being charged while I was detained. I couldn’t get a hold of my lawyer at 3 in the morning. I would’ve been on 24 hour hold if I agreed to wait for a lawyer. I couldn’t sit in jail anymore
It was during the weekend too and there was no way I could reach my lawyer
Question. Let’s say a cop writes that they stopped you on their police report for tail lights, but on another report they say they stopped you for speeding. When they go to a suppression hearing or trial do they often try to lie or cover it up somehow? Does the judge typically believe them in an instance like this?
I wonder how implied consent + refusal penalties affect this in terms of making the prosecutor's case harder by refusing tests.
Would it be better to say: thank you for asking question? only acknowledging officer statement Than saying I don't answer questions!
Silence can be considered a lie and my opinion a chub rub against cops ego.
Not if you say, I choose to remain silent, and I'm not answering any of your questions. After that, your silence is not held against you.
@@SuperMichelleDJ as the great comedian George Carlin once explained cops ask a question and you say nothing he can arrest you, once arrested you can then invoke your right to 5th.
George splains it better tho!
The cops are there to gather evidence against you thats why they ask these questions. Its for there benefit for there court caes. Thoe they are good at getting people to talk who dont know there rights.
"I shot the clerk."
Do you have the authority or license to work Outside of Kentucky?
I want a lawyer, dawg.
What about if police torture a confession out of you?
Most people sing like a bird or even confess to crimes they didn't commit to avoid being beaten by police in my state.
Get down my man !!!!!
My question to you is, if push comes to do you travel to other states? and do you only do DUI cases??
Good video. Why are there so many ads?
Memberships??? Does that mean we get a free consult? NEVER EVER EVER talked to police. Watch the First 48 and see what talking does and not talking.