Never talk to the police - An Idaho Attorney's Perspective
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- Опубликовано: 16 июн 2024
- An Idaho attorney addresses the issue of speaking to the police when you have been accused of a crime. A criminal defense lawyer's perspective on the pitfalls of submitting to an interrogation. Attorney Craig Atkinson addresses the many issues surrounding the legal system, and how due to the nature of the adversarial justice system, a defendant's best bet is to keep quiet.
atkinsonlawoffices.com
Atkinson Law Office
1087 W. River St., Suite 290
Boise, Idaho 83702
There are two times when you should never speak with the police: when you're innocent, and when you're guilty.
You forgot the other two: when you're alive and when you're dead.
@@craigolson2702 Or if it's night or if it's day.
@@craigolson2702 pretty sure his two covered all the bases.
👌
And don't be stupid and date them.
My father was a defense lawyer, he always told me never speak to a cop even when utterly innocent.
@mysticstrider HAHAHA. Yeah cause that’s an honest lot. Lol.
@mysticstrider I’ve no experienced but I wouldn’t trust speaking with anyone your defense lawyer didn’t direct you to speak to
@mysticstrider lemme guess a girl led you on in an online chat service/dating app, and you hired a private investigator to find out more details? It’s fine to talk to a private investigator because they’re working for you, they’re not working for the state like police officers are. A private investigator is no agent of authority like police officers are. A PI needs details to properly work your case.
Maybe talk it over with a defense attorney beforehand if you’re really that nervous.
@mysticstrider A PI is god to hire, but also never good to answer their questions
if you're the complainant/plaintiff/petitioner, would you need to get a lawyer before talking with the cops too?
12:00 I love how he calls it an interrogation instead of an interview.
The police hate the word “interrogation”, but that’s exactly what it is.
The police call an adversarial interview an "interrogation"; it's a legal term, used by the Supreme Court. While you might think "torture" when you hear that word, it's simply a legal term.
@Frank Stein "I want a lawyer" usually ends with you not even needing one.
D Hoffman Exactly! What are they interviewing you for? A job you never applied to? No, it’s an interrogation.
BINGO!!!!
Defund the police
I’ve been a juror on a big murder trial…..the prosecutors ability to make things sound 1,000 times worse…..was terrifying
Its difficult to stay calm and clear headed when the police bust down your door at 7.0am and lock you down for 3 hours in a cell with a paper cup of water to drink but the advice is SAY NOTHING nothing at all, they make out they want to be your friend really and come across as all friendly but it's just how they play, it's just another day at the office for them, you're just another case number, they are NOT your friend, they are NOT interested in your welfare or the truth it's just a job, they get paid for results and a conviction is a result for them ...... SAY NOTHING !!!
Bruce Kain we agree with most cops messing up !
Always record no matter what
I'm watching the Confession Tapes on Netflix and not only are these idiots talking to the police without a lawyer, but they are making false confessions.
@@CrazyFunnyCats And keep copies in a secure place, safety deposit box a good place. Keep the Summons and Complaint. If they do not serve you with a summons the case can get dismissed. Get a copy of the docket each time you go to court as you will be surprised how often that changes. That could be very important sometime down the line.
What the man says, these things, and i canrealy. Talk about where i life, they are going further and on,They go laten .so Russin federatie is over the top heare its verry snaeky indeed
@@CrazyFunnyCats posible, and whe do, buts no evidente
I've NEVER met a neutral judge. They have always helped the prosecution.
They are a silent partner of the Prosecution.
They are a silent partner of the Prosecution.
They are a silent partner of the Prosecution.
Amen it's all about money period!
The only chance you got of beating a wrongful charge or proving your innocence in a system that is stacked against you is to have a team of high priced lawyers who will fight for you because the public pretender won't and the prosecution, judge, and police are all working for the state.
Reminds me of the movie "My Cousin Vinny,"
Ralph Machio being interviewed by the Sheriff... "At what point did you shoot the clerk?" Ralph, "I shot the clerk? I shot the clerk?" Sheriff gets called away!
At trial, Sheriff on the stand, "That's when he confessed, 'I shot the clerk, I shot the clerk!'"
There is no voice intonation in a transcript.
Or as Bill Burr says “you get a bad read”
I got framed for robbery when I was 19 and spent 3 years in prison. I was so young and naive. I basically got ganged up on by police and detectives and prosecutors and was just so afraid that if I fought back they would put me jail for the rest of my life so I plead guilty out of terror and ignorance. Super afraid that happening again. I’ve had hundreds of nightmares about getting arrested all of a sudden for a crime and framed and put in prison.
That's terrible!
@@pauldurkin6770 yeah it was messed up. I’m super paranoid to this day.
@@grant9047 I hear ya. I am too. I complained about a 👮 and him and his thug buddies have been trying to screw me in any way they can ever since. Use stingray on my cell practically daily looking for dirt. Low life's of the highest order.
Damn bro, I hope you have a good life. I’m really sorry that happened to you. Be blessed man.
I take it you live in the US. It does sound like the USSR as told by a neighbour from the Ukraine who lived through Soviet tyranny. No different
As a Police K-9 trainer and former Sheriff I concur with the presentation by the attorney in the video on every aspect. My best advise is simply don't answer questions during a traffic stop Or ANY questions other than your name DOB and address. Be very polite and level headed, but just play dumb, but don't say you don't know. Keep your mouth closed for most of the questions. If you are asked if you understand the question just say YES sir. A wise officer will know what you are doing. If pressured, simply explain to the officer you were "advised by your attorney not to answer questions and you are exercising your right to remain silent. I hope you don't think I am being disorderly officer." Just be cool........really cool. Don't let the rattle you!!!
We are trained to ask leading questions that if answered will supply the evidence we need to prove you knew the law and failed to exercise those laws.Leave the burden of proof on the officer, NOT from your statements. This goes for ANY questions about anything.
If you carry a concealed firearm and have a permit keep your hands in view, out the window if you like, and inform the officer you do have a firearm and tell him where it is if he asks. He will know from your license plate anyway. You are NOT obligated to show it to him nor can he secure it in most states. But if he asks, just comply and be cool. Let him know you are caring for his safety.
Don't carry your insurance or registration in the glove box as this will come into view when you retrieve it. Keep it on your visor. If you get a citation, always plead NOT guilty. Consider calling the court 2 days prior to the actual court date and reschedule due to work. Try doing it again at the next date. Chances are good the officer won't have your report or simply won't show up. And finally........NEVER consent to searches of any kind. Once again, inform him politely that you were advised by your attorney not to. If things get carried away due to a cop with a bad day, ask if you are under arrest and if you are free to go. He has to say yes, or arrest you. Remember, be polite and calm but confident. Also consider keeping a lawyer business card next to your ID and offer it along with your license. It will have a psychological effect on the officer, especially if he is just fishing for you to admit you were in the know, and did it anyway.
My question is this. Why did you become a cop? I see any "law enforcement" as just that..enforcers.. You're essentially guard dogs for corrupt politicians. And cops are not on the side of the people. You try to ensnare good people with crimes and fines, being a cop to me is morally reprehensible, god knows how many honest people got convicted of serious felonies and had their lives destroyed because of your "leading questions". Btw here's a fun fact: more crimes are committed by our boys in blue than legal gun owners, so I always laugh when I hear "for the officers safety" it should be the other way around.
No need to get all pissed off in my direction man. I might have been a Sheriff, but I don't approve of a lot officers do, nor the system.
I was MSCF in the Marines and K9 for my Embassy Unit and later K9 IED for the 1/6. It seemed to me the best choice for my skill set was to be an officer. My passion was with working with dogs but the dept didn't allow much time for working the K9s as they should have. This resulted in me challenging the system that allowed for too much liability with a couple of dogs. I just had a higher expectation for my working dogs on the same level I did for the ones I had worked with in the Corp. In addition, there is no need to tell me the facts about how cops are. I know some great cops, but I also know of many with extreme egos. They all have type A personalities. I also know it can be an unjust system on many levels. Yes, I will agree with the "police state" mindset. They are not on the side of the people sorry to say. They look at the people as "civilians" and themselves above the law and an outsider.. I admit to this mindset of the past. I was in a small town and things were a little different. My best advise to everyone is just to stay the hell out of the system. ONce you get on their radar it is hard to escape it. A great way to get on their radar is to have an attitude. So many tickets could have been avoided if people didn't come off with an attitude. Yes we had a quota, and yes, we were "collectors" for the county or the city. We really do have an option of a warning if the person deserves it.
The problem is with the TRAINING for reasons you mentioned. not really with the cops. They are brain washed just like the military. As more than half are former combat veterans, they bring with them the attitude of US and THEM and their "trigger finger" personality. Once again, it all comes down to TRAINING or there lack of.
As for my comment about "the officer's safety". They are ticking fucking time bombs. Play into their "ego" and make them feel comfortable. Yes it should be the other way around, but that attitude will only land you into trouble and an excuse to give them a hard on and make it worse for you. I know you don't like to hear this, but that is reality. Be cool and they will be cool........Catch an attitude and they will go 3 levels above you to regain control. You are here for advise on how to deal with cops. Hate the system as I honestly do, but play things very fucking cool, keep your mouth shut and be polite. If you have a cocky attitude when you get pulled over, life will suck!! Yes, you are right, but the reality is you are one man and it's not worth being a problem unless you WANT a problem. Yes it is our duty as citizens to fight tyranny and replace it. But there is more power in numbers, just look at how they deal with an arrest and you will see my point.
Keep your mouth shut and express your desire to remain silent and leave it at that.
Heed this advise and life will be good.
Your comments you mentioned are valid.
Logan Shephard I never said I was pissed just think the system is broken and to me it starts with law enforcement. You seem like an honorable and level headed guy, you should go around to schools and give lectures about the police and their tactics. I think some if not many people become police officers because they genuinely want to help people, problem is cops are on the side of prosecution and govt. So we rarely win right or wrong because like I said the system is broken. However I think it starts with guys like you, who were on the other side and can educate the people on cops and their bully tactics. I don't know about you but I think America should be a FREE country NOT a police state. But thanks for throwing a little knowledge my way, much obliged. Btw I respect anybody who works with animals.
I think a better approach is to attack the problem at the core. Benjamin Franklin said "Those that give up essential liberties for safety, deserve neither liberty NOR safety." The solution is to demand our Govt. repeal the Patriot Act that destroyed our rights, so we can be "safe". It was because of this Act that EVERYTHING we see going on is happening. There are several Executive Orders put into place by Bush that also need to be addressed. Educate yourself as to what these are and the picture becomes more clear. We have a younger generation like yourself that are truly patriots as they see what is going on around them. It is all of our jobs to educate others but most important, take care of ourselves. Sad thing is with all of the money spent on this "homeland security" little if anything can be done to prevent another attack which is eminent. It is what will be needed to get us into war again. You can count on it being bigger than the last. If you live in a big city or California, Las Vegas, etc. make plans to get the hell OUT fast.
OK...didnt consent to search ...they did it anyway...then got a drug dog to bark on NOTHING... AS NO DRUGS WERE FOUND...NOR WAS THERE EVER ANY IN MY CAR.... But this did make it easy to have"'PROBABLE CAUSE" and illegally search my car and find my own prescription. I had unfortunately combinded two perscriptions and was hauled off to jail!!!
But I do appreciate your information. I will see if my lawyers card works next time! :)
3 rules:
#1-Shut up.
#2-Shut up some more.
#3-Keep shutting up.
Attorneys prefer clients who followed these rules.
onemoremisfit & shut up shuttin' up.🤐
You forgot #4: STFU
Dont speak dont say a word, dont show anything says your attorney. Then later your Attorney thru mid way of the trial gets persuaded by the Judge and Prosecutor an offer and a share of there big cut for your loss, then your attorney says to you "but still you didn't talk to police, if you are innocent and didn't do anything etc. You should of talk with the police. That's how it always end with these criminals Scumbag Attorneys "But". Your just a Big Paycheck to them And LiveStock for there farm.
@@Here_Today_ And #5: Do not even THINK of talking!
#6 When the officer finally gives up, simply ask, "Am I free to go?"
No. There are several things you MUST say.
"I do not consent to searches."
"Am I free to go or am I being detained?"
"I want to speak to my attorney. Please get an attorney."
"I am exercising my right to counsel. I want an attorney. Please get me an attorney as soon as possible."
"I am invoking my right to have counsel. Please get an attorney."
Sitting there and saying nothing does not end the interview. Judges have actually ruled that hours of a citizen sitting there in silence could be taken as the citizen considering answering the police's questions. Additionally, sitting their in silence does not end the interview, increasing the odds of something getting taken out of context or a filmed reaction to a piece of news or information, however spontaneous, being used against you.
It's also a good idea to be polite; even in an adversarial system, nothing good comes out of making the police angry.
Yep. Never, EVER talk to the police. Sit in that room until they let you go.
@jasoncr.5581 yep agreed.💯
A lot of people sit in jail, sometimes for years, supposedly being "assumed innocent" before they ever get to that "speedy" and "fair" trial.
"Evil people exist and they are extremely dangerous. They are called authority."
Most courts ask you to sign a waiver to waive you're right to a speedy trial and 99% of the time people waive it, even their attorneys Say to waive it so they have more time
Only if they have a really shitty lawyer. It's called 'bail'.
Just look at Guantanamo, rotting for years and never charged with a crime.
@@frogface66
That's a whole new can of worms qualified with "in this day and age..." if the government decides you are a terrorist, whether you are or not, they can lock you up and lose the key. You have zero civil rights once that title is assigned to you.
all the dislikes are from bad cops.
False. If that were true, there would be thousands of dislikes. Besides that, you're assuming that they know how to read.
One word too many.
They all are bad cops
And you know that how?
Hahaha. My cousin is a police officer. And even though he is a good guy, he usually let his sense of superiority lead his decisions.
I just don't like cops.
This 13 minutes and 12 seconds is probably the wisest use of your time that you have ever spent watching RUclips.
Its clear and concise. Its brief, yet loaded with critically important information that you need to know *now* .
No one ever plans on being in a situation involving the police.
Things happen to you that are sometimes out of your control.
Caught up in a moment with people you probably shouldn't be "caught up" with.
Involved in a car accident, a witness to a crime, along for the ride, maybe intentionally brought along to be the patsy, maybe doing something you weren't even aware was a crime, or aware, but not of the severity.
Maybe you're drunk or high or just impulsive and don't think things through before you act.
Maybe you are perfect but end up in the wrong place, wrong time.
Spend the 13 minutes listening to the reasons why you shouldn't ever talk to police, *before* that unforseen situation happens and you get rammed through the system that you *think* is there to protect truth, justice, honor, integrity, and the innocent.
May we politely suggest the following de-escalation for remedy?
THE TRUST IS COLLAPSED....in other words, your company is no longer granting them any more credit.
If the policeman is not lawfully investigating the crime on behalf of the male/female victim and is entering YOUR company jurisdiction without you summonsing them, then would it not be advisable to be politely placing YOUR public-servants/trustees under your notification that your company is charging $707 per hour/part-there-of for YOUR company time and also $717 for YOUR company performance?....and that any further communicating (verbal) and/ or corresponding (written) with your company, is with them accepting the terms & conditions of the commercial contract IN THE PRIVATE (the cop and their CHIEF and their POLICE UNION is now with PERSONAL liability.... because Notice-to-Agent-is-Notice-to-Principal....and also through JOINDER....and they also lose their qualified immunity)
This way, you are NOT resisting/refusing to obey/comply with their orders/demands/policy /questions, but instead, you are now willing to perform WITH THE CONDITION that payment is with your company immediately, because you have NO CONFIDENCE with them administrating YOUR company trust!
THE PUBLIC TRUST IS COLLAPSED...Why is YOUR company issuing them extra credit! Are YOU not the executor and the beneficiary of YOUR trust?...making them the trustees, whom are with their fiduciary obligation and duty-of-care to be NOT causing you injury nor damage nor loss nor harm.
Is THEIR job YOUR job? Is THEIR company policy YOUR company policy?
not unless and until they are PAYING for your company time & performance
THE CONSTRUCTIVE TRUST IS COLLAPSED...YOUR company is no longer performing free-of-charge!
You may be willing to pursue the matter through the small-claims-court and/or through arbitration which is held in-the-private because PUBLIC court is only for the PUBLIC servant.
YOUR TRUST FUND IS NOW WITH RESTORATION....YOUR company is now making money from every encounter with YOUR public-servants because the days of doing something with your trustees for free are over.
PS-Be the BUSINESS man with the public-servants.....NOT the victim
Especially in 2020 this video needs to be recommended to everyone.
@@mccabeianenator - Very interesting perspective and thought exercise.
However, I don't think it would get very far in the court system.
With luck, it would entertain the judge for a few minutes. Cuz it would break up the monotony of their day.
Or it might piss them off and get a contempt of court. But you probably already know that, since you seem to have some understanding of business law. Or at least the vocabulary of it.
Completely useless advice. Mildly entertaining tho, for sure.
@@kentneumann5209
Thanks for the reply.
May we ask why you have an aversion to making money from your trustees?
With reference to our previous comment, please note the words `in-the-private`
and `arbitration-for-remedy`
The secret is to AGREE with your adversary (because this eliminates the controversy) WITH THE CONDITION (now insert YOUR terms & conditions for YOUR time and YOUR performance)
YOUR T`s & C`s are first given verbally and then followed with your letter-of-confirmation to the cop(s) at their place of business (the police station that they are based at, within 3 days of the encounter (this allows BOTH sides to with-draw from the contract)
Please think(and act) like a business--man.....or does this explain why YOU are becoming impoverished as they grow richer?
@@TheChurlishBoor
Thank you for your reply.
Would you not agree that it is best-business-practice to CHARGE your Public-servants/ Trustees for your time and your performance and to ensure that there is no controversy?
Them- `Answer our questions`
You- `YES, CERTAINLY (there is now agreement to comply/obey/accommodate them) it`s just that we charge you $911 for each answer and because we have NO-CONFIDENCE with you administrating our Trust (the Constructive/Public etc., Trust is collapsed so we are no longer granting them any more credit) payment must be with us immediately`
This way, you are NOT refusing to co-operate, but instead, simply progressing the process into the NEGOTIATION stage....and there can be no further progress until negotiations are complete.
How long do negotiations take?....how long is a piece of string?
(PS- Please note that our BUSINESS suggestion is only for matters of Statutes/Ordinances/By-laws etc.,
....NOT for serious CRIMES (when and where someone is the victim of injury/damage/loss/harm)
You know you call people that talk to cops without their lawyer present?
Inmates
You know what you call people who talk to cops WITH their lawyer present? Also inmates. Your *lawyer* talks to the police. Those hand signals your lawyer is using when you're talking to police when he's in the room? They mean "Shut up, stupid." Your lawyer works with you to put together a statement, which is given to the police. Any further questions from the police go to your lawyer, who responds "We believe the statement we have already given you fully answers your question."
"I am exercising my right to remain silent, and I want to see my lawyer now." Repeat as needed. (although you still need to provide identification and go along with them without fighting, because don't be a blithering idiot)
@@georgfelis that's so all true. Now dont get me started with Court Appointed Attorneys WORST EVER! ALL PROSTITUTES THAT WORK FOR THERE PIMP(Judges)
"I am invoking my right to remain silent. This comment is over".
The problem occurs when People lack the capacity to remain silent.
@@christopherscallio2539 Don't bring my ex-girlfriend into this.
NO. When you deal with demons you must use the right magic words:
"I am exercising my right to remain silent AND I want to speak to a / my attorney".
If you don't say "I am exercising my right to remain silent", your silence can be used against you according to a supreme court decision. If you don't say "I want to speak to a / my attorney" then they can sit you down in the interrogation room for hours and try everything they have to get something from you. Again: The easiest way best way out used by judges, prosecutors and of course the police themselves is to say "I am exercising my right to remain silent and I want to speak to a / my attorney". Because that is how things really work and they know exactly what is going on. And you do now too. It could be your get out of jail free card right there, it could mean the difference between getting 3 years and getting 40 to life.
@@statinskill You say, just say 'I am exercising my right to remain silent and I want to speak to a / my attorney". Because that is how things really work and they know exactly what is going on. And you do now too."
There are no magic words, silly, and the ones you gave show a layman's understanding of the sources of the applicable law. If you want to talk like a lawyer, then simply say this:
"Nothing personal, fellas, but under the Miranda case and others, the Fifth Amendment right to remain silent is applicable to the states via the 14th Amendment; I hereby assert that right and decline to speak to you, no offense. The Sixth Amendment right to legal counsel is also applicable to the states via the 14th Amendment. I am also hereby invoking that right and request an attorney, nothing personal against you guys. But you are not the judge or jury, so I will save my testimony for court, fellas, if I decide to take the stand. I hope the policeman's ball goes great this year, btw. I donate every year."
@@statinskill What made your comment so annoying was your pretense and condescension, as if you were putting on airs as a know-it-all with this hero-complex stuff, as if you are taking bows the whole time, when you were saying something that could be improved upon easily:
"Because that is how things really work and they know exactly what is going on. And you do now too. It could be your get out of jail free card right there, it could mean the difference between getting 3 years and getting 40 to life."
Gosh, it's sick how you cast yourself as a superhero in tone. How were you able to type, while patting yourself on the back the whole time? As Jesus said, those who exalt themselves will be....
In short "everything you say can and will be used against you" ...
But not to favor you,
therefore no point in talk to the police. Won't benefit in nothing
That is probably the biggest difference to the police in Germany. They have to collect information, any information. It is not their prime task to prove you are a criminal, the prime objective is the truth.
Carlos Garcia a lot of people don’t understand the “can and will be used against you”. The cop is only allowed to report the negative. Anything you say that’s in your favor can’t be used.
If you didnt do anything theres nothing to be used against ;-)
GERWolf wrong innocent have been jailed for stuff they didn't do. The cop can not say anything in your defense even if you are innocent. You're really naive if you think that because your innocent you can talk to the cops and everything will be fine. It won't since they cannot by law speak in your favor only against you even if you know you are innocent
@@chrisd4655 A more correct statement would be: "...can only be used against you, if at all."
The statement "...can and will be used against you" is misleading, as it implies a possible alternative ('can').
In Canada I was arrested in the lobby of my condo - the cops basing their actions on a security guard who I had caught looking at elevator videos of people 'getting close'. The lobby is classed as a 'common element' without restriction for residents.
.
FREAH, the cop, said "You are under arrest".
.
I was taken to 3 Division HQ, strip searched and held in an interrogation room. As I was under arrest I refused to say anything. I was also threatened with the use of a Taser.
.
In order to ascertain who I was, the detectives went to the condo and, for them, learned my status as a resident and, as such, could not trespass in my residence. The detectives were somewhat upset with the complainant as well as myself!
.
The lead detective entered the interrogation room, compared me with an anus, and said I was being released without charge. He complained I should have told FREAH as well as the detectives of my status - and that I was wrong not to speak.
.
Bottom Line: SAY NOTHING TO COPS OTHER THAN I WANT **MY** LAWYER (not anyone they offer).
Why didn’t you tell the police that you lived there?
@@alexanderchenf1 Idk, do they sound reasonable to you?
This sounds like an extremely one sided version of a story. I am sure he acted like a complete knob and thats why he went downtown. Sound like you got treated exactly the way in which you diserved. How drunk were you exactly? Exactly.
@@daddydoodoo9089 how's that boot taste exactly? Exactly
A bit of common sense would have saved you all that hardship. I've had situations where I had been suspected of wrongdoing by the police. I explained the misunderstanding, and they simply left me alone. In your situation, you could have avoided all that by simply showing the police your address. Not everything is black and white.
Adversarial system in criminal court: the one with the most money wins.
Adversarial system in family court: the one with the most money loses.
THERE IS THE ADDED POISON THAT STATES ARE PROFITING FROM A PRISON POPULATION. THIS PRISON POPULATION IS ALSO AN ATTEMPT TO DISARM THE UNITED STATES.
CIVIL WAR I I WILL REMEDY SOME OF THESE INJUSTICES.
1st MANUFACTURE WAR ON DRUGS
2nd MANUFACTURE ( BY FBI, LAW ENFORCEMENT, THE PENTAGON, THE DEMOCRATS, THE REPUBLICANS, AND THE DEEP STATE) WAR ON TERROR
THE TERROR OF 9 11 WAS MANUFACTURED BY THE UNITED STATES
MANUFACTURED A FELON WAS THE WAR ON DRUGS AND LOCKING UP PEOPLE FOR PETTY DRUG OFFENSES. A VIOLATION OF 4th AMENDMENT ILLEGAL SEARCH AND SEIZURE.
JOIN THE UNITED STATES CONTINENTAL MILITIA, AN UNORGANIZED, DECENTRALIZED, 50-STATE, OFFENSIVE MILITIA THAT VOTES AND PROTECTS THE UNITED STATES CONSTITUTION. IS A POLITICAL PARTY THAT WILL
RECOMMEND THE REMOVAL AT THE BALLOT BOX OF ANY ATTORNEY IN AND ELECTED OFFICE. THE RATIFIED 13th AMENDMENT -NO TITLES OF NOBILITY AND THE PROHIBITION OF ATTORNEYS TO SERVE IN THE UNITED STATES GOVERNMENT IN AN ELECTED POSITION IS A MANDATE THAT LAWYERS THREW AWAY AFTER THE CIVIL WAR - BUT IT IS NONE-THE-LESS STILL A MANDATE OF THE FOUNDING FATHERS. PATRIOTS WILL DO THEIR PART TO NEVER ALLOW ONE IN OFFICE AND VOTE TO REMOVE THE ONES WHO SLITHERED IN. IE LINDSEY GRAHAM.
THE ENDORSEMENT OF POLITICIANS THAT WILL MAKE THE COMMITMENT TO:
ELIMINATE THE FBI THIS RACKETEERING CRIMINAL FBI THAT HAS COVERED UP FOR 9 11, WAS PART OF ROUNDING UP GULF WAR 1 VETERAN s MEDICAL RECORDS AT OKLAHOMA CITY BY THE FBI & CIA s DEMOLITION OF THE FRED P. MURRAH BUILDING; STAGING FALSE FLAGS AT SANDY HOOK, PARKLAND, LAS VEGAS, LaVoy Finicum's murder, THE COVER-UP OF HILLARY CLINTON s CRIMES AND TREASON; AND THE AIDING AND ABETTING IN THE MURDER OF JEFFREY EPSTEIN. THE LIST OF THE FBI CRIMINAL ACTIVITY BASICALLY SHOWS THAT THIS IS AN ANTI- U.S. CONSTITUTIONAL AGENCY THAT DOES NOT SERVE THE PEOPLE - BUT FABRICATES CRIMES AGAINST U.S. CITIZENS. AS IS THE CASE WITH SCHAFFER COX.
WE WILL ONLY ENDORSE POLITICIANS THAT WILL:
ELIMINATE THE IRS
ELIMINATE THE CIA
ELIMINATE THE NSA
ELIMINATE THE FEDERAL RESERVE FOREIGN BANKING SYSTEM
ELIMINATE 5G EXPANSION UNLESS THIS DANGEROUS SYSTEM PASSES SEVERAL YEARS OF STUDY
ELIMINATE MANDATORY VACCINATIONS
AND WILL: CUT THE PENTAGON BUDGET BY 50 % AND MANDATE THAT IT PASSES AN AUDIT THAT MUST BE CERTIFIED BY CATHERINE AUSTIN FITTS AND PROGRAM ON GOVERNMENT OVERSIGHT ( POGO ) AND IF THE PENTAGON FAILS, THEN FIRE ALL 2 - STAR AND ABOVE GENERAL OFFICERS, REMOVE THE JOINT CHIEFS OF STAFF; AND CUT THE BUDGET ANOTHER 10 %; THEN REPEAT PROCESS. WE WILL ONLY ENDORSE POLITICIANS THAT END AFGHANISTAN INVASION; END SYRIAN INVASIAN; END INVASION OF IRAQ AND AFRICA. WE WILL ENDORSE POLITICIANS THAT REMOVE THE IMMUNITY FROM BIG TECH SO THEY CAN BE SUED FOR CENSORSHIP WE WILL ENDORSE POLITICIANS THAT REMOVE THE IMMUNITY FOR HARMING CHILDREN AND CITIZENS HARMED BY VACCINES WE WILL ENDORSE POLITICIANS THAT PUT A BORDER WALL ON THE NORTH AND SOUTHERN BORDERS.
WE WILL ENDORSE POLITICIAN THAT COMMIT TO REMOVE THE 50 MILLION ILLEGAL ALIENS INSIDE THE UNITED STATES
WE WILL ENDORSE 1 TERM FOR ANY POLITICIAN AND NOT A 2nd
WE WILL ENDORSE POLITICIANS THAT ABOLISH THE SENIOR SELECTIVE SERVICE AS IT IS AS CORRUPT AT THE FBI.
WE WILL ENDORSE POLITICIANS THAT DO NOT BUY INTO DEMOCRATIC TERROR OF CLIMATE CHANGE
WE WILL ENDORSE POLITICIANS THAT STOP CHEMTRAILING U.S. CITIZENS
WE WILL ENDORSE POLITICIANS THAT END THE CONTAMINATION OF WATER SUPPLIES WITH FLUORIDE
WE WILL ENDORSE POLITICIANS THAT HONOR THE SMALL BUSINESS ACT AND THAT CONTRACTS ARE ONLY AWARDED TO U.S. CITIZEN OWNED COMPANIES. CURRENTLY FOREIGN COMPANIES AND LARGE BUSINESSES ARE BEING AWARDED SMALL BUSINESS CONTRACTS.
THERE YOU GO FBI THERE IS A CALL FOR THE ELIMINATION OF YOUR RACKETEERING CRIMINAL ENTERPRISE. TURN THE DUTIES OF LAW ENFORCEMENT OVER TO THE U.S. MARSHALS AND ABOLISH THE CORRUPT CRIMINAL FBI. THIS MILITIA, FBI, WILL NOT HAVE ANY FORMAL MEETINGS, YET WILL ALWAYS BE READY, WILLING AND ABLE TO REPLACE A TYRANNICAL GOVERNMENT.
RED FLAG RAID COUNTERMEASURES. IT IS TIME FOR THE U.S. CONSTITUTIONAL VIOLATORS TO LEARN WHO WE THE PEOPLE ARE.
CALL YOUR FELLOW PATRIOTS AND END THE THREAT.
@@KLeVoyBarnes Everything is controlled by the alien race, Theptians, that are living in Area 51, . They control all society , in exchange for them giving US military advanced technology. The Theptians also implemented the hybrid cloning of humans and aliens. They put out false information for over 100 years to control society
Are you implying that everyone in prison is innocent but they are there because they are poor? There are no wealthy or middle class people who go to prison?
Whammy
Hilarious
He said it best when he said that the only part of the interview allowed in court is the bad parts. Most people do not understand that by law the police cannot help your case. They cannot testify anything that shows your innocent. This is the biggest single reason not to speak to nor work with the police.
Completely false. Not only are they required to answer truthfully like everyone else they are required to turn over all discoverable evidence to prosecutors who must turn it over to the defense.
Someone I know was arrested for a crime he didn't commit. It took me 10 minutes of evidence gathering to prove he was innocent when I was asked to help for the Appeal defence. The police and judge were only interested in finding him guilty and the original defence was wholly inept. Anyone with intelligence could see he was innocent if they hadn't been biased and wanted to find everyone guilty.
It's kind of sad. Role of the police should be to investigate and bring in facts, not to get a conviction. That should ultimately be the prosecution's job.
Their arrest and conviction rates go into deciding promotions.
Pay attention toward the end of the month. You will see a slew of pullovers and arrests.
Most police departments have arrest quotas. You have to arrest X amount of people per month.
I work in law enforcement in Sweden and things here are very diffrent.
Even if a suspect gives a full confession it is not enough to get him convicted if the police can't find the evidence to support that confession.
The Lawyer only needs to find one reasonable Doubt and the judge will throw out the case.
The motto is that its better to let 10 guilty to walk free then to put one innocent in jail.
Have fun with all the muslims in you country!
@Greg Peterson The sharia, like any other system that it's not for retarded, in other words, is not common law, requires extensive evidence for a qadi be able to pronounce someone as guilty. For example, crimes labeled as hudud (offenses against God) requires at least two witness , if there is only one, there could be no criminal prosecution to begin with. That's how broken common law is.
@Greg Peterson the problem is under control for now, but the Sweds will have to make a choice very soon.
Didn't a muslim just get 3 weeks community service for the assault of a child recently?
She was 11.
Seems like your system might need a bit less leniency...
@@matthiasthulman4058 in America child abuse is so uncommonly prosecuted it's de facto decriminalized, so Americans hardly have much room to judge on that account.
bears repeating "There are two times when you should never speak with the police: when you're innocent, and when you're guilty.:
Don't talk to police even if you haven't committed a crime. Don't talk to police period. A police is not your friend at any time. You better watch yourself if you know what is good for you.
The police may help you or they might not help you. I have had police tell me to file a claim with your insurance company, for hit and run and stolen property. I had a friend who called the police on a neighbor and he was arrested for telling the cops that if they did not take care of the neighbor, he would. The police are not your friends, they will arrest anyone who commits a crime, if they are stupid enough to admit it to the police.
If you are a victim of a crime, handle it yourself. What is this idea that the police are here to be your daddy?
Perry Stuart that is also incorrect. The answer is don’t be a victim always be aware and prepared.
@@perrystuart8035 So if a gang of men assaults a woman, your advice is that she handles it herself and not report it? Good going Einstein.
@@bigmacdaddy1234 No, im saying women should surround themselves with actual men. So if a woman is assaulted she should report to the men in her life who will make sure someone wakes up in the hospital. Caging humans up is cancer, humans arent dogs.
So the actual terminology for the system is "adversarial," huh? That about sums it up. Thank you for the service you're doing for the public by educating everyone on an important topic that many are in the dark on.
One obvious Truth comes out
How about them working on quotas?
This is why we should have better protections against entrapment.
@Frank Stein You seem to presume that the legislators will take the prosecutors side in the adversarial system?
Threaten litigation against the police department for entrapment if you feel like that's what will happen. People usually back down when you threaten to sue them or destroy their reputation.
@@savenetneutralityanti-repu7029 That's an idea since I am certainly a suspect in an investigation which is purely a case of entrapment.
@Fresh Beginnings that's what happened to James King of Grand Rapids MI. He was approached by deep undercover cops who looked like thugs and never identified themselves as police; they stopped him and asked him questions, causing him to become suspicious and uncooperative. They rapidly escalated the situation until they attempted to arrest him without identifying themselves as cops at all or telling him he was under arrest, giving him probable cause to run, and so he did. He ended up getting choked and beat up, thrown in jail for 50k bail, and prosecuted. He was lucky the cops were caught in their lies in court; he could have been convicted of three violent felonies and sentenced to ten years in prison. He's now fighting them in the Supreme Court for his right to sue; I hope he wins! 🙏🙏🙏
I think your confusing what entrapment is
Most judges are also on the side of prosecutors.
Of course they are, they generate revenue through conviction.
@Frank Stein Judges don't "read the case" beforehand, at least in criminal cases except perhaps when written materials -- argument and/or case law -- have been filed. They have no access to the prosecutor's file, or even to the criminal record of the accused until they're provided it by the prosecutor at a bail or sentencing hearing.
@Frank Stein I made the comment because many -- perhaps most -- people assume the judge has "read the case," and are surprised to learn that this isn't the judge's role. In my experience judges are as likely to suck up to a prominent defence counsel as they are to side with the prosecution, but pretty much nothing would surprise me.
You truly believe that 😅
absolutely they are! they are BOTH employees of the State.
“What this means is a police officer is NOT on your team”. Couldn’t think of a better way to say it.
You would expect them to be impartial and not go after you without evidence. So I guess one can end up hoping, if they're innocent, that the cop will see that and support them. People watching too much police fiction think they care about the truth. The saddest thing you learn is that they couldn't care less.
@@mobwatch8119 yes, on cop shows, they find something that looks even slightly wrong and then they strive to find the real perp!
One of the most bothersome issues I see is DUI clients who refuse roadside tests and then talk to the cop for an hour. If you're gonna refuse, refuse everything.
Hardly neutral when they supress evidence that proves innocence or guilt.
"I am invoking my right to remain silent." And then say nothing else.
While you have the right to do that, you are almost certainly opting into a ticket.
The only thing I have ever been pulled over for is speeding. 2006, was the last time. I will not speed it is not worth the money I will have to pony up.
Ragmondead: That may well be true. However, a simple ticket is a far better outcome than helping a cop elevate a simple traffic stop into something much bigger. (That is the goal of the majority of traffic stops). Turn a traffic stop into a search for drugs, alcohol, weapons, contraband etc, etc. "Where are you coming from"? "Oh, I just visited a friend back there in "ABC" town". "ABC TOWN"!? "Well, that is a know drug trafficking area". (BTW. Every town in America is a known drug trafficking area) "You mind if I search your car"? See how that works? License, Registration, Insurance Card and absolute silence. NOTHING MORE. Know your rights (actually know them, not just some crap your cousin's stoner friend told you) exercise them, video record everything and keep your mouth shut. They will move on to an easier victim. Wolves want to prey on sheep, not on sheepdogs. You don't have to be rude to exercise your rights. Be polite, but do not let them get you to say something or agree to something that can be used against you. Saying "no" is not being rude. Even if someone gets butt hurt over being told no.
Cops like to play that 'you must be guilty if you don't want to talk to us' routine.
@@JimmyFranny That is just part of getting you to incriminate yourself. That is what they are trained to do.
ANNOUNCE that you exercise your right to remain silent. Say it loud enough for the nearest person to hear you because recording devices will pick this up...and then SHUT THE HELL UP. No matter what the police say whether being "nice" or "threatening"...KEEP SHUT no matter what! Period.
Good advice. Because unless you affirmatively invoke your constitutional rights, your silence CAN be used against you! Recent court decisions have almost obliterated your right to remain silent. See my previous comment above, and the cases of Salinas v. Texas (U.S. Supreme Court, 2013) and People v. Richard Tom (Calif. Supreme Court, 2014).
Replying to *maxcohen13* (who doesn't have a reply button, for some reason):
As I mentioned above, recent court rulings have said that the prosecution CAN use the argument that your silence can be considered an admission of guilt, unless you specifically invoke the Constitution or the Fifth Amendment.
So if you were smart enough to refuse to talk to the police (whether they asked you any questions or not) AND you were smart enough to tell them that you are invoking your constitutional rights in doing so, then (and only then) the prosecution would be barred from using your silence against you at trial.
But how do you prevent the jury from hearing that you chose to remain silent? It's a legitimate concern -- and of course an after-the fact objection, even if it's sustained by the judge, can't "un-ring the bell" and make the jury forget what they heard.
The answer is a pretrial motion called a "motion in limine". Before the trial starts, you file a motion with the court asking the judge to order the prosecution not to bring up the fact that you remained silent and to tell its witnesses not to mention it. Then, if the prosecutor or a witness (e.g., a cop) blurts out the fact that you refused to answer questions or that you remained silent, you can move for a mistrial.
We all have the right to remain silent, but most people don't have the ability.
I answered 1 question last time I was pulled over that seemed harmless, my date of birth. It was a terrible mistake. The officer claimed that his system showed a different date (a confirmed lie) and used that lie to accuse me of lying, which was then used as probable cause to pull me out of my vehicle and make me wait a full hour for a k9 after I refused to answer further questions. I believe he was an honest officer doing what he believed was right. Most officers have honest intentions, but the problem is that they consciously or subconsciously believe the ends justify the means. I would argue that 99.999999% of them agree secretly that taking illegal actions while pursuing justice is perfectly warranted and moral. And like all people, they overestimate their ability to discern truth and tend to undervalue the system of checks and balances that were created specifically to protect people from their poor judgement, and tend to see civil rights as a road block to justice due to short-sighted thinking. I'm a huge supporter of police. But also of civil rights. And it's fair to say that most officers lack the intelligence (fact high IQs are excluded from service) to fully grasp implications and the long-term consequences to liberty when they routinely trample civil rights as a matter of standard operating procedure (as they are taught to). Knowing your rights is vital. And limiting the power of police to preserve civil rights is also vital. Love your officers. But don't trust them. They are part of a system that is designed for profit not justice. And even the best of them are beholden to that system. Never forget that.
Michael Ptasnik it seems love but not trust come at cross purposes. You got lucky with that stop. Anybody younger and/or ethnic would have just been roughed up and arrested.
Thanks for sharing. At what point would you suggest you could have refused to speak? What sort of outcome would that have brought you?
@@gojohngo106 From the beginning. I should have stuck with "My attorney has instructed me to never answer a single question to the police for any reason, under any circumstances, no matter how simple or harmless, without exception, ever." And just repeat the statement if they ask more questions. The result would have been me waiting for an hour for the K9 in the comfort of my own vehicle instead of the blazing hot sun. Also good to remember. Follow all of their orders. Grant NONE of their requests.
@@morphling337 Thanks, again. Funny, I was a court reporter here in Canada for six years, in all types of courts. Many things stuck with me, some maybe not as well. I'm a pretty compliant person to begin with... maybe to a fault.
When did this K9 thing happens, Michael? If it was after 2014, the Supreme Court imposed a 15-minute limit after the conclusion of the initial stop for the arrival of a canine (as long as the initial stop wasn't primarily for suspicion of drugs). I can cite the case if you like.
It seems like a broken system and i think our prison population gives credence to that.
I think a lot of people commit crimes in America tho
America's prison system is filled with idiots who couldn't shut their mouth -- people who insisted on talking to the cops without their attorney present.
@@pfclex6737 no every single one was framed lol
@AlexNOSAM the thing about third world nations is they tend not to have enough people on payroll to do as much law enforcement as in the west, and it turns out that's what matters in practice. The nominal legal rights you refer to don't have much effect on outcomes because criminal justice systems tend to work out ways around them. So while third world nations have plenty of problems they aren't actually worse off in terms of overpolicing.
We still have private prisons in some states.
So yeah, we're a joke of country.
"I don't answer questions"
Period end.
Yes but when you said that I smelled alcohol on your breath.
My nephew, a devout Christian, took an interest in applying for a job in law enforcement, to be a cop. I said that he would eventually develop an “us and them” mentality, and would become suspicious of any human behavior, even within the family. I explained very clearly that he would slowly disavow his conscience over time...an occupational hazard.
As a non-expert on cops, I feel like it depends on the person. But, its a reasonable conclusion to come to! What did he end up doing?
I helped an ex-gf get a job with the Gallatin County Sheriff's Department in Bozeman, MT. After 2 years of being emotionally and psychological abused by her I left the relationship. 6 months after breaking up with her she still had a lot of animosity towards me. She was finally able to get the department to come after me on false allegations that were later dismissed in court. I was utterly heartbroken when I received the discovery from the state that contained all of the audio interviews by the deputies. I went to Bible College and church with one of the deputies that was involved in mty arrest. His father is a sheriff's deputy chaplain and assistant pastor at the church I'd been going to. I thought these people were my brothers and friends. In the audio the deputy is heard describing me as if though I were a domestic terrorist! He smiled at me when he put me in the back or the cruiser and treated me kindly as he took my fingerprints and booked me. Yet, in his heart he had stabbed me in the back. I WILL NEVER TRUST ANOTHER COP....EVER!! Cops are government funded henchmen, professional liars, and narcissistic control freaks. The police are a fraternal order of thugs.
I have a friend who is a Sgt. on a force.He was bragging about how many stops that he makes result in Marijuana conviction. I asked him how he does it. He said he can stop ANY CAR ON THE ROAD. He said that he just says that they touched the center line. He profiles his target before taking them down, young, beard, long hair, car with rock star bumper stickers etc. He's so proud of it. What a piece of shit!
And he's your buddy.
And he's your buddy.
And he's your buddy.
sooooo.... why is he your friend ??
and you're friends with him..you pos too
When i was young, i was taught to always be honest, so when i was accused of a crime i was honest, big mistake and ruined my life, since then i have a few rules, 1 Don't talk to pigs, 2 Don't talk to pigs, 3 Don't talk to pigs, 4 Remain Silent, 5 Get a lawyer, 6 Don't talk to pigs.
So not committing a crime isn't one of your lessons learned? Is that what you wrote?
repeat the phrase: "I'm sorry, but I don't answer questions". any reprisal of this by the police is a violation of your rights and should be reported to your attorney.
Drop the "I'm sorry, but" nonsense, and you may be onto something.
@Christina Bowman "I'm sorry, but..." Is not polite. It's passive-aggressive and weak. A TRUE apology *_DOES NOT_* contain the word 'but' anywhere, ever.
Being passive-aggressive about exercising your rights serves no purpose whatsoever, to anyone. Not to you, not to the officer, not to a jury.
Why, in God's name, would ANYONE apologize for exercising their constitutional rights? You apologize when you've caused grievance to someone, and you are seeking forgiveness or understanding from that someone. Other than that, never apologize and never, *_EVER_* tell anyone "I'm sorry, but..." It makes you look like a weak, spineless person of low moral fortitude and dubious character.
"Everything preceding the word 'but', when beginning a monologue, means absolutely nothing. It's prattle, filler, nonsense." IDK exactly who said this, and it's paraphrased slightly, it is also absolutely the truth.
@Christina Bowman Wrong.
@Christina Bowman You do what your feel is right for you. I will not apologize for exercising my constitutional rights, ever. I don't give a damn about how much of their time I waste, because they're not ever going to apologize to me for wasting mine.
@@heinzkitzvelvet what about: with all due respect, I dont answer questions
I'd hire this guy. He looks so innocent, some of that is bound to rub off on me.
Stud Muffin hahjahaha
They call him "Junior".
Huge difference between Innocent and Nieve - I personalty think this guy has had a life with a Silver spoon, and always had Daddy and his money to get him out of trouble when he was being a naughty boy and attended a frat party and was made to cry when security told them to keep the noise down.
I think if this guy ever had to deal with authority on a your accused basis, after he finished blubbering and soaking up box full of tissues with his tears, he would be asking for a change of pants because they are full of shit.
Avatar Logon why are you so mad
@@zacmeurer7749 I have seen too many innocent people get hurt because of Nieve legal representation resulting in prison time or convictions for people that have done nothing wrong.
That many Defenders Miss the obvious point that people actually want to hear an answer for, that the Prosecution is quick to take advantage of. and IMO the reason for that, the reason that Lawyers miss that obvious Prove innocent question, is because of the silver spoon. They have never had to deal with Real world, so don't know how it works.
Legal Representation should be about Defending the person until a Jury jury finds them innocent, not paying Lip service till the jury finds them guilty then "Oh Well, Next".
I am not saying this Gent is not Knowledgeable, Shit he may have been top of his class, But listen to him in this Video, It sounds like he would be ready to cry if his opposition raised their voice at him.
The Comment was he would hire him because he sounds Innocent, IMO that is a totally bad premise to hire someone, My question would be, Can he do the job, not does he sound innocent.
cop asked me to come to the station to write a report. I called my attorney and he said i guarantee if you go there they will put you in hand cuffs. i told the office to speak to my attorney and suddenly the charges were reduced to harassment. court date still not set going on 6 months!!
Wow!!
Alright... What did you do? Cops don't just call somebody for nothing.
May they be accursed wherever they may be!! They deserve the curse of Almighty God, His wrath and punishment for their mischief spreading and their corruption!! May misery befall them wherever they may be, this includes the all them law enforcement agencies that protect this damn accursed government
@@neilcastro836 god is nothing
God is an idiocy for people to do nothing while thinking they're doing something. Suits the government's welfare pretty well.
They’re foot soldiers of the state....think about that for a minute...
cops are high priests' servants. state has to take you to court on any charge criminally> if you haven't> howard freeman- international bankers and admiralty juridiction> to get real clarity on what's what! blows all law gurus away, and it's free
More like paid thugs of the state...
truth!
Move to Russia then.
@@aznluvr7 you first....
They're all a pain in the butt. I had one at my house every Thursday for 4-5 months. I couldn't understand why he was their doing nothing while my home was robbed 28 times...I believe he was keeping watch on me while they robbed me of 200 thousand dollars worth of thing's.
Those Sobs are not your friends nor do they want to help . They are mentally ill...violent and mean.
Richard G good point. Anyone who has dealt with public defenders knows it’s a complete joke. And attorneys cost thousands of dollars. Most of us are lucky if we have enough spare cash to eat. So a lawyer is the last thing 80% of us can afford to procure.
@@jpmnky If you can't afford an attorney, one will be provided for you.
Maybe the cops were at your house on every thursday because all of the 28 burglaries happened on a Thursday?
I know a cop who saw a burglary pattern and predicted where the next target was going to be. So he staked it out every night for a week. At 2 am, while staking out this spot, he got a call to transport a prisoner from the city jail to the remote prison. He was a bit pissed because he was sure that location was going to get hit. An hour into the prisoner transport, that very location was robbed.
omg
Celtic Phoenix .... Ewwwww yuk. Gross that's disgusting... That's happened soooo many times in San Diego w Police and Sheriffs Deputies. So Wrong . Google it. You will see. Use of a Badge like that is indescribable & Pathetic. Look up Richard Fischer.. He only got 4 yrs 8 Months. Very sad.
Adds some great points and elaborations to the famous "Don't talk to the police" video by that professor.
Just saw a follow up video by that lawyer today. You should check it out.
Yes, I have viewed that same professors vids as well. It helps as support to stay strong and determined not to talk to the police.
This man has done all citizens a wonderful service by doing this video!!!! Thank you so much!!!!
The local municipal court has a vested interest in collecting money for their city and local police dept.
They have no vested interest in an innocent outcome for any private citizen. They do however have a vested interest in a outcome of guilt so they can extort more money out of you the private tax paying citizen.
this is the best thing I've heard in a while. 100% truth
💯
I watched so many trials back to back all different accusations and charges but all had to pay unless the case was thrown out by opposing party at the last minute 😒
Biggest point: Anything you say can only be used AGAINST you. It cannot be used to HELP you. And they will twist whatever you say to be used against you, even if it SHOULD be used to help you.
So, with that in mind: They are only talking to you because they don't have enough evidence to convict you. If they had enough evidence, they wouldn't be questioning you. DON"T GIVE THEM ANY EVIDENCE TO USE AGAINST YOU. Let them get the evidence on their own.
Also, because officers aren't perfect in copying down your words, just TALKING can be used against you. If you say "I wasn't there." The officer can write down that you said "I was there." Even if you dispute that, who is the court going to believe?
When I was young, I had no choice but to talk to the police on a number of occasions. Yep, I worked at a Dunkin Donuts...
rum runner in MA?
@@dutchmaster4309 NJ. Less WASPs and more guidos, but the same difference otherwise.
@Ben Smith Cops...and construction workers, and cowboys, and sailors, and bikers, and Native Americans. All at the YMCA :)
So James Duane is right “never talk to the police 👮 “
First two words out of your mouth when questioned by the police should be "Attorney please" then not another word.
If you are going to the graybar hotel nothing you say is going to help that. You can only dig yourself deeper by talking and trying to convince your interrogators your innocent. JUST SHUT THE F UP and ask for your attorney. All questioning have to stop at that point and that's when you'll find out if they have enough to lodge you or if you go free. From a retired cop!
Unless you are rich you will never receive a fair trial. Do you have $50,000.00 dollars to hire a top notch attorney who specializes in the crime you're charged with (were speaking of serious felonies) ? For 80% of the population the answer would be no on the $50,000.00 dollars as a retainer. A homicide defense would cost a lot more, the system is flawed, if you are
poor you end up with a public pretender he or she will plea bargain and tell you that's the best you can get..
Welcome to the real World of the legal system.
I was falsely charged with a crime when I was 18. We spoke to a lawyer, and he broke it down like this, you pay the small fee -its probation..you pay the medium fee - it's supervision You pay the highest fee - you get off completely. And they call it justice... what a joke!
whydotheheathensrage Excellent point and so very true.
Councilor, in a perfect world this is how it's supposed to be handled, however, the system is not perfect.
Let's face it, justice is not for all, it depends how deep your pockets are as you very well know.
Do you work for nothing, (not pro bono cases you may have to take now and again) but cases that require
many hours of your time ? Of course you don't.
Only the wealthy or those who spend their life savings will obtain justice with a good defense attorney
most of the time.
The poor, well their up shits creek without the paddle, at best they will receive a public defender only after they have been indicted not before (felonies) if they were represented before the indictment, a good lawyer
will have been working to obtain exculpatory evidence favorable to the defendant that exonerates or tends to exonerate the defendant of guilt.
All I'm saying is the system needs some work, but it's still the best out there.
well this is chicago da land of gangstas. So according to your statement - justice is paid for, then if paid for ... there is no justice.. ok check got it. it's all rigged then..perfect, I understand now.
It's not fair to describe public defenders as completely worthless--they work hard and do their best to represent their clients--but the problem is they're massively overworked and don't have the time to give each case the individual attention it deserves. A private attorney is usually in better position than they are to give your case their best effort. That's why another good piece of advice is to hire a lawyer instead of relying on the public defender system if at all possible.
And for the record, as another poster said below, Salinas vs Texas has thrown the whole concept of the Fifth Amendment into the air since they ruled that silence CAN be used against a defendant in certain situations. It was an absolutely horrible ruling that basically says you have to specifically invoke your right to remain silent or it doesn't count. James Duane, who gave a major "don't talk to police" lecture of his own, was so appalled by that ruling that he wrote a book defending the Fifth Amendment.
Another reason for the high prosecution conviction rate is they stack charges, threaten a hundred years it your convicted, or plead out.
And they get to choose what cases they prosecute. They don't prosecute cases they don't think they will win.
Excellent explanation. You've covered a lot more ground than other attorneys on this topic, and laid it out in such a way to be extremely understandable. Thank you!
Mr. Atkinson, I want to thank you so much for your comprehensive explanation of how the system works and what the roles are of police if they are asking to talk with you. Pointing out that if a police officer or an attorney is accused of being a suspect of an investigation that they exercise their right to silence really put things more clearly into perspective. Thank you for pointing this out. Simply then, the requests of the police for me to please talk with them is an absolute do not do it. Ignore their emails and phone messages, recording them of course, but I do not under any circumstance talk to them as the present their request with this sense of urgency or "guilt that they have tried a number of times to get a hold of me." It really is a tug of war to want to share ones side of the story to exonerate from any accusations of a crime and to absolutely do not talk at all, not a word. The youtube vids help keep me reassured and thus give clarity and strength to stay the course and resist talking to them. And if they do come for a knock and talk, other youtube vids from Judges and police officers no less, emphasize adamantly to not answer the door. Record from inside behind semi blinds if you can. Stating not to answer questions without a lawyer are the key words that make it clear legally to the police that one has asserted there rights enough that they no longer continue to ask me to talk with them. Then the next step is one waits for them to get a warrant to arrest me or???. Yikes! What does that feel like!!! I guess one is to keep refusing to say anything without a lawyer and try to manage the pressure and manipulation that the police will try during the interrogation process! Gosh! This is really disappointing stuff to learn about the legal system. In the meantime, covid pandemic is a disaster and adding more stress which doesn't help when police request you to please call them. So many thank yous to all the law officials that are helping us "citizens" learn about the landscape of the police intentions.
NEVER talk to police...NEVER EVER. period...
Concerning the Maranda Rights: Why do people automatically say "Yes" to understanding their Maranda Rights??? It seems to me that everyone would be well served to say "NO", they don't understand their Maranda Rights...and then stick to it. I'm sure the average citizen does not truly understand their rights. Please reply!
Larry Ehrlich that's because they don't want to look uneducated in front of a piggy.
Larry Ehrlich No shit
Larry Ehrlich what’s rights lmafo
Because it doesn't take a lawyer to understand that you have the right to remain silent.......
In the UK the police read out a similar set of rights but add a bit on the end ... That you have the right to remain silent .... BUT it may harm your defence if you do not mention when questioned something which you later rely on in court.
Thank you for taking the time to educate me about this. I will spread the word to my students
Funny, sure feels like prosecutor and judge are on the same side here in the US.
Prosecutor, judge and the cops are ALL on the same side and you are not.
For anyone interested in learning more about the broken American justice system, I highly recommend season 3 of the podcast Serial. I was awestruck by how unfair the system really is and how poorly it operates.
I'm so gratefull to have been born in Europe. Not that it's perfect here, but still a hell of a lot better than in the US.
"USA incarcerates more of its citizens than any other nation on earth. They even incarcerate the incarcerators!"
Our civil small claims court is even more ridiculous. You can't even have a lawyer, but you can bet if you took a business to court for small claims; they're going to send a representative of that business who happens to be a lawyer. But you, yourself, cannot have a lawyer. So good luck with a small claims coming out in your favor unless it's very obvious and you firstly consulted a lawyer on how to handle your day at court without that lawyer against what's likely going to be a lawyer representing the business.
We're an oligarchy in all manner of so called representation from gerrymandering to unlimited campaign finance aka bribery, etc. To even our court system.
Fastest way out of interrogation room: "I invoke my right to remain silent and want an attorney." Your "pretend friend" will be shut down right then and there and your real friends will soon join you. Be patient and be quiet and stay out of trouble in the first place. Let the police serve you in the "right" context when you are living right.
Got everything I needed from the title. Thanks mate.
Thank you Craig Atkinson. You explained this better than anyone else I have listened to.
Why do their job for them? Stay quiet make them work.
Wow... Absolutely such simple and powerful advice. Even when you watch most of the cop shows, that's exactly what 99% of them are doing... acting as agents for the prosecution... digging for easy evidence from the suspect. THIS VIDEO SHOULD GO VIRAL!!!
233 people like having their rights violated.
Or they're the ones doing the violating. 🙃
Kevin Butler they are all cops
Your communication style and information is outstanding. You certainly come across as a strong, healthy and determined lawyer of serious but caring merit.
Quite rare. I live in California but after seeing this video I can tell what a lawyer who’s ready to work for good outcomes looks like.
Gratitude.
All right!
I'm just three videos away from obtaining my RUclips law degree!
hahahahaha. You can find good advice online but in order to practice that in real life you have to have common sense.
Information is information, correct? If you learned the sky was blue by me telling you, or because you looked straight up, the results are the same. I hate people that try to discredit knowledge.
It’s better than no law degree at all
@@fastzebrazoom4454 No, knowledge you express is only correct if you've paid lots of money for a piece of paper saying you have a degree related to the topic of the knowledge. Blah blah blah
@FastZebra Zoom, it was sarcasm
On June 17, 2013, the U.S. Supreme Court ruled in Salinas v. Texas that an individual must specifically invoke the Fifth Amendment right to "remain silent", otherwise silence can be used against him or her in court.
Thank you for that information. Much appreciated. It checks out.
What the fuck does that even mean!?
It means that simply remaining silent without specifically invoking the 5th Amendment right can and WILL get you into trouble.
theoriginal68niou1 Yeah I understand that part, logically I get it. But isn't remaining silent in and of itself invoking the 5th amendment? It sounds so stupid that you have to voice your rights when the whole spirit of the right is that you don't have to be a witness against yourself (by remaining silent)
No. And that is the entire point here.
Glad I found your channel. Ive been in Idaho all my life. I find it odd that when people are arrested their mugshots and charges are made public and often put on the news. It seems unjust and it throws them to the court of public opinion and shames them before they have had a chance for a trial.
Good point. There is no reason to show someones mugshot to the public when they haven't been found guilty in a court of law. There have been many cases where people have been found not guilty, and they have to reenter society with their names already destroyed. There was a guy who was beat up after being released because he was accused of accidentally killing his son(found not guilty), and another case where a man had to leave town after being charged with a sex crime(also found not guilty). This is in my own town and there are many others also. Showing peoples mugshots before being found guilty is a crime in itself. So are news channels that post peoples mugshots online, and do not delete comments that conspire to hurt or kill those people they exploiting.
@@MR-rk4xj Tabloids feast on such stories like maggots. They even publish people's addresses - you know, to make it easier if a member of the public gets ideas. And ironically, they do so from a high horse, feigning outrage and looking to stir it in others. While they have no moral compass of their own.
That's because it IS unjust for the police, sheriff's department, and the news media to declare them guilty before they've even been to their first preliminary hearing!
Many thanks for speaking so candidly. Huge thumbs up!
I would like to ask. I live in the south and all this recording and "I know my rights..."dont play around here (AR if you re wondering). They arrest you, tow your car and then drop charges. They know you will have to shell out attorney fees. I dont know if you can relate but we live paycheck to paycheck after 2009 crash. How do I exercise my rights when dealing with these kangaroo courts that protect officers?
First of all, telling a cop that you "know your rights" at a traffic stop is a bit different than invoking your rights during a criminal investigation. Granted, I don't know the particulars of your case, but here's the deal. If the police want to interview you because you are the suspect in an investigation, then don't talk to them. And yes, not talking to the detective will probably result in your arrest, where you will have to pay money to bond out of jail. If they suspect you in the first place, chances are they have enough probable cause to get a warrant for your arrest. The worst thing you can do is talk to them and provide them ammo that they can turn over to the DA as evidence. In the case of a traffic stop, I would be very choosy about what you say to the police. Belligerence almost never helps in these scenarios. An attorney once told a group of minorities (in a town hall type setting) that it's best to cooperate during a traffic stop without trying to play the "street lawyer". Traffic cops don't like that. They are the "kings of street," this attorney said. They will, like you said, arrest you, tow your car, and then drop the charges after the fact as a way of sticking it to you. In these cases, your only legal remedy is in the civil courts, and most cops are betting that you won't have the time and resources to sue. It's just a reality. Plain and simple.
while i sympathise with the tight funds; in a year or 2 you'll forget about the legal fees and still be a free man. the best money you'll ever spend is on a quality law firm. don't ask me how i know bot $40k and 10 years later....i don't even remember the money.....but i bet i'd remember the prison time. (falsely charged btw)
b1tch made I would just leave. Get away from the pigs before they ruin your life
@@thomasduncan4074 then more people need to be saying no and more need to sue!
@@fraser_mr2009 there is no case where you could know if you are royally f , they may be using illegal techniques, etc, talking only give prosecution evidence, not the defence...stay quiet...
I know that the prosecution cannot use the argument that your silence could be an admission of guilt. But should the fact you were silent come up in the trial at some point, what's to stop the jury from putting it into consideration? They are told not to, but that doesn't always matter.
I've been on juries before - there are some _really_ dumb people out there. It's downright scary.
Your counsel can push for a mistrial.
Who would bring it up? Your attorney?
@@johnstack5008yep agreed.💯
Excellent explanation. So, if you accidentally misspeak, even just one time during an "interview", you, a completely innocent person, could be destroyed. The judge isn't on your side. The prosecution isn't on your side. The jury isn't on your side. The police isn't on your side. All you have is a lawyer. And you better pray he's a good one.
This is great advice, no matter how old this video is. Thanks sir!
thank you for sharing this information with us I personally appreciate it
Mistake many people make is trying to argue the Law or what rights they have with a cop or deputy sheriff.
Thanks a lot for this info. And thanks for keeping it up to date.
As he explains you have built-in advantages. Opening your mouth causes you to lose them.
Very good advice. A very common mistake when someone is accused of a crime; "I didn't do anything wrong so of course I'm going to answer questions and cooperate". This CAN be a big mistake. This is not disrespectful or incriminating, it's just protecting yourself from implicating yourself by a statement that may be misconstrued.
Thank you for this excellent video.
Wow. That was a really great video. Great perspective. Thank you.
Of course it just so happens an "adversarial" system plays into the hands of lawyers and feeding their bank accounts. The Family Court is a classic case: there is no money in conciliation, conflict is what keeps the gravy chain chugging along.
Excellent information.
Why do I feel like I'm watching a very young and innocent Saul Goodman?
Thank you. 20 years ago I made the mistake of making a statement in an assault (I was guilty, but very provoked). My initial (recorded) statement was used against Me. Even though I live in New Zealand, your words have relevance and correspondance with our laws. I will, should I ever be asked to (I hope not!) explain my actions to our police, say nothing. This was a good video. Cheers!
Thanks! That is the best explanation that I have ever heard.
This is an excellent video because it explains how the police detectives are really supposed to approach interviewing and evidence gathering from a neutral standpoint, yet almost always they will to anything to close cases and clean their whiteboards. Sometimes, they will create a narrative just like a perp will in order to rope some guy in and make him take a rap. Most of these police officers employ the Reid Technique and as the lawyer stated, the police know that if you’re innocent or not, it is often important for the accused to convince their accusers of their innocence and the police play right into that desire for exoneration. A lot of people being detained have no idea that the police are allowed to lie to them. Before the advent of security cameras, a common ploy of the police was that there is a little, old lady who lives in a house right across the street and she has nothing to do but look out the window all day and she will testify that she saw/heard everything. Another common tactic is small talk and rapport building to ease hostilities and lower defenses. Yet another ploy is to give the interviewee the opportunity to cop to a lesser charge or make whatever they did somehow unavoidable or a mistake and then when the person takes that bait, they have put themselves at the crime scene and the police can twist their arm later in the interview and remind the person that they already admitted to a lesser crime and/or being at the scene after initially denying it, so they might as well come clean and admit everything. Most times before the interview/interrogation, the police have already collected evidence and their own narrative/timeline beforehand. They are mostly probing for new evidence and trying to use what they have and what you tell them to solidify the case against you.
Nice tips, man. God bless you and your practice.
Thank you Attourney Atkinson for you very valuable advice.
Very informative . thank you for your time . knowledge is much needed on this planet
what questions SHOULD you answer? for example, "Do you know why I stopped you?" "No sir"
That's a trap. "oh, so you DON'T know how fast you were driving?"
There are NO questions you should answer. The only things out of your mouth are : "I don't answers questions, my attorney does."
THAT'S IT !!!
I love how stuff magically appears and disappears from the table...
Good editing. Make sure it is all correct. I liked that later on he taped the right thing to say without worrying about papers on table.
Thanks, Craig. I watched this for a second time after a couple of years, and I picked up on something I hadn't focused on as much the last time. You point out that any inconsistency between what a suspect says during an interview/interrogation and later says in court can be used against him, but a consistency will not be made available by the prosecution.
I believe that's a flaw in our legal system, because it means the prosecution really isn't necessarily interested at getting at the truth so that justice can be served, as it is getting someone behind bars regardless of whether or not he committed the crime. I think the better way is to allow the defense access to this, much as in the way we see discovery work. Any thoughts?
Liked & subscribed.
Excellent video - well done and to the point; thanks!
Very good advice. Thank you. My ex (Who's an attorney) told me don't ever talk to the police and always expect the cops to lie.
Sounds like your ex wasn't all bad. Should have kept him.
@@Craigatkinsonlaw , Lol... 😂
Everyone watching this video know this but I'll point it out anyway: These recommendations not only apply to your local police, but EVERY type of authorized official you may encounter, including martials, railroad police, reservation police, the FBI, any sort of federal employee (think the BLM and National Parks), game wardens (especially), state wardens, marine wardens, highway patrolmen - all persons with any sort of authority.
This also goes to those with civil authority such as OSHA and MSHA officials (let your boss handle them). Also, there's a distinction not clearly made in this video and that's that a police investigation likely will occur before charges are filed. This guy is also talking about the investigation period - initial contact with the police - don't interact with them at that point as well.
The most important point, though, is that you teach these skills and principals of self-protection to your children. Kids are gullible to the max and will talk with police freely. I recommend you teach your children to view police as hostile and dangerous, not the "public servants" the government would like you to believe them to be.
Write this on the back of a calling card and keep it in your wallet - memorize it:
I'm asserting my right to remain silent
I'm asserting my right to council
I do not want to answer any questions at this or any other time
Please do not ask me any questions
Please contact my attorney __________ and direct all questions to him
I'd like the opportunity to make a phone call my attorney.
To the cops it's like name, rank and serial number.
Very well put. Especially about teaching your kids. You need to add another phrase to your list. "I do not consent to searches." When they ask, don't say, "No." Don't say, "You can't touch that or get an attitude." Even if they say, "I have probable cause and don't need your consent, I'm just hoping you will want to cooperate." It's probably a lie. As soon as they have consent they don't need probable cause and they are no longer liable for damage to your property. Just keep saying, "I do not consent to searches." Don't let them tell you that creates suspicion and probable cause either.
Excellent, Craig! You really hit all the bases (from an OZ criminal defence advocate)
Sir, I've been watching shows like Forensic Files, 48 hours, and others like it for over two decades now. Longer still if I include Mannix, Barnaby Jones, and more from that era. These days it's trials. Johnny Depp V. Amber Heard, Alex Murdoch and other less knowns.
But in all that time I have never seen anyone explain something I consider to be so important, so simply and clearly. And all in just 13 minutes. I'll be sharing this with my kids, my family, and friends.
I sincerely thank you sir.
Tell me this then. I am in NC.
I had my neighbor who I've had multiple complaints for music, who kicked our door and threatened me and my gf multiple times. He caught me and my gf outside taking the trash and him and his friend jumped on me punching and kicking. I was brought down as she ran for the phone to call the police, I was later put into the hospital. My phone, cigs, and 100 dollars was stolen from me in the attack. I was told because I fought defending myself by pushing him off of me that I had a warrant for my arrest. This warrant was brought out by the officer in what is called an affray. I was completely astonished to hear nothing could be done about my property or injuries and instead I had a charge that I did more time than the attackers. They walked clean without worry... My money, property in their hands... and I was left with a criminal charge and now record. FUCK THE POLICE AND EVERYTHING THEY STAND FOR. Is how I feel and will feel for the rest of my life.
JB So sorry that happened to you. What country do you live in?
ETA: I saw you wrote "dollars" so I'm going to assume the US. That's because you've got civil forfeiture, which is fucked up, and getting charged for defending yourself is BS. Our British bobbies have their faults, but on the whole they are good.
@Frank Stein I lived in NC for 4 year and they have the worse barbecue in the south.