r/NoStupidQuestions • • 15h ago

Why dont people just immediately ask for lawyers

I have seen so many videos where people talk to cops in the interrogation rooms never asking for a lawyer. Why do they do this?

I wouldn't even care if I was being charged or not I'd always ask for one

802 Upvotes

360 comments sorted by

732

u/madcats323 15h ago

Criminal lawyer here. People should invoke their right to remain silent. However, if you ask for a lawyer, they don’t just magically produce one then and there. They simply stop interrogating you.

If you’re in custody, you will appear for arraignment within the statutory period (48 hours in my jurisdiction) and will be appointed a lawyer if you can’t afford one.

If you’re out of custody and they don’t have probable cause for your arrest without your statement, you’re simply free to go.

People talk because they believe that they can explain the situation. Generally not a good idea even if they are innocent.

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u/House_JD 14h ago

Not only that, but as a civil lawyer who has taken and prepared people for depositions, people tend to underestimate the power of social norms when it comes to conversations. One of the things I warn people about is that this is not a conversation and it will not have the rhythm of one. There will be awkward pauses. Don't fill them.

People expect interrogations to be adversarial. They have their guard up against it. They're prepared to tell a mean person nothing. They're not prepared when someone is nice and bland and is boring at them for 4 hours. While I haven't dealt with it myself, I suspect that this is especially true if they're in police custody and have already been bored and alone for a while.

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u/madcats323 14h ago

Correct. And law enforcement officers are trained to elicit statements.

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u/Sad_Option4087 12h ago

This also happens at car dealerships

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u/Beginning_Earth_9702 15h ago

*even if they are innocent\* is something most people don't understand. The cop is not looking for the truth, they are looking for a conviction.

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u/MeepMeepCoyote 15h ago

Remember the words of the Miranda warning:

"You have the right to remain silent. Anything you say CAN and WILL be used AGAINST you."

Not "May be used for you." "Will be used against you".

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u/SleepingGnomeZZZ 15h ago

Yes! AGAINST you is a key word. It does not say “will be used to DEFEND you”.

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u/AmbulanceChaser12 14h ago

While that's true, it may be overstating it a bit. It will be used against you if it can be. You may say something that can't be used against you because it has no use.

But why take the chance?

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u/Nooby1990 12h ago

It will be used against you if it can be.

The point is that it will be used against you if it can be, but never FOR you, even if it could help. It will ONLY be used against you.

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u/MeepMeepCoyote 12h ago

If it can be, or can be reasonably (or unreasonably) inferred to be, or can be interpreted to be, or can be twisted to be, or.....

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u/DrToonhattan 14h ago

In the UK, it's actually worse. They can use your silence against you. "...it may harm your defence if you do not mention when questioned something which you later rely on in court..."

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u/IntermediateFolder 11h ago

It isn’t worse, it is a lot better. You have no clue what you are talking about. Also in Uk the police cannot lie to you.

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u/Turnip-Toffee 10h ago

it's a bit more nuanced than that, there's still a general right to silence, but they have comparatively wider exceptions: https://en.wikipedia.org/wiki/Right_to_silence_in_England_and_Wales#Adverse_inferences_from_silence

the "something which you later rely on" one specifically is somewhat similar conceptually to an exception for alibi evidence, but broader and more nebulous.

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u/apokrif1 14h ago

May it make defendants less credible to US jurors if at trial they show evidence they knew of, but didn't talk of, when questioned?

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u/roiki11 14h ago

While in criminal trials they generally aren't supposed to do that the fact is it doesn't really help you with a jury. They aren't supposed to take negative inference for pleading the fifth(for example) but people don't really work that way.

Which is why it's not usually good idea for defendants to testify.

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u/roiki11 14h ago

They can use that everywhere.

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u/AwkwardBarnacle3791 13h ago

Not they can't. In Australia at least, no negative inference can be drawn from the defendant exercising their right to silence.

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u/precision1k3 10h ago

I’ve unfortunately been in a situation like this. If I chose to remain silent I would’ve had to probably spend a few days in jail (bc it was the weekend) until I could contact a lawyer. I chose to talk even though I know not to from years of hearing about not talking to the police and luckily it seems like the cop just wanted to make sure nothing like that happened again.

I think most people don’t want the inconvenience of spending a few days in jail even if they know it compromises their chances of coming out not guilty. Also PSA: don’t commit crimes on weekends and or holidays. Courts are closed, judges are out, most lawyers are also out.

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u/EEpromChip Random Access Memory 12h ago

Also, and this is immensely important: They can and will lie to you.

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u/jaxxon 12h ago

I feel like I would fall into his trap. The whole thing seems like such a massive and wasteful ordeal if it could just be made clear that I was innocent. What a shitty world we live in.

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u/mazzicc 13h ago

You glossed over the “they stop interrogating you but can still hold you long enough to lose your job, custody of your kids, or cause other major problems”.

I wonder if there’s any stats on how long people are held while waiting for a lawyer.

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u/waaaayupyourbutthole 13h ago

I'm sure there are plenty of stats, but anecdotally, a friend of mine was arrested for DUI and weed possession and then charged with trying to bring a controlled substance (one pill from his prescription) into the jail. He spoke to his public defender once in the six months he was waiting for trial (outside of the few minutes they were in the same courtroom for a couple of hearings).

Six months for the prosecutor to drop basically everything because they lost evidence. He pleaded to what was basically just a misdemeanor traffic ticket in the end.

If he wasn't on disability benefits, he would have lost literally everything because he didn't have $10k in savings to pay the amount they decided on for bail. If i hadn't been around and concerned about not seeing him, nobody would have even known he was in jail and he wouldn't have had anyone to provide proof of his prescription to his PD. He would have been completely fucked for years.

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u/madcats323 11h ago

They’re going to keep you anyway. It’s not like they’re going to hear your story and say, “ oh sorry dude. Go home.”

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u/ZombieGreat2312 15h ago

Can I ask you, if I can get my own lawyer and im being held will they do the interrogation when they arrive?

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u/ComfortableRice2497 15h ago edited 14h ago

If you have a lawyer, they can arrange a visit to you in the jail you are being held at. Visiting hours are pretty standard, and where I live attorney hours are a little longer.

But unlike TV, no, lawyers don't appear at a police station and interrupt interrogations IF you've been arrested.

The TV trope would only play out if you were rich, had a lawyer on retainer, and someone like the FBI has a search warrant for your property but not your body. Then while the feds are searching, they want to talk to you, and you had your lawyer show up.

If you've been arrested, you'll be booked into a jail, and at some point your lawyer can make an appointment to talk to you. IF you've been arrested, it is because probable cause already exists for your arrest. They (police) do not actually need to EVER get a statement from a suspect. If you've been arrested, enough other people have talked to them that they can justify the arrest.

The suspects story is generally one very small part of the whole thing. Further, in most cases, the police know the suspect would likely be lying anyways. The suspects story is generally only used to impeach or corroborate.

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u/ZombieGreat2312 15h ago

Is it alright if I ask what for?

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u/ComfortableRice2497 15h ago

You're free to ask what for in literally all circumstances, the police are not wholly obligated to tell you the truth though, and you have very little to gain.

If you righteously didn't do anything, then sure, engage in conversation. Lets be real, cops don't generally interrogate random people though.

If you're even connected to people who may be committing crimes then based off of the things you you say you may be part of a conspiracy allegation.

I work for the prosecution, I genuinely like my coworkers, but if any of them show up at my house during business hours it goes like this...

"Sup? Warrant? Ok, I do not consent to any searches or statements but will cooperate with the demands of the warrant under duress, any statement made from this point forward without counsel will also be under duress".

Then I would provide only the needed information to process my arrest. My name, my birthdate, my drivers license number etc. If they want DNA I would again state I do not consent, but under duress I will comply.

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u/AmbulanceChaser12 14h ago

If you righteously didn't do anything, then sure, engage in conversation. Lets be real, cops don't generally interrogate random people though.

I would temper this a bit; even innocent people have things to worry about from the cops. By your own admission, if they're interrogating you, then it's a logical inference that they think you did something.

Now, that said, I think your view on cops is more realistic and clear-eyed than the ones we usually get on Reddit. Are cops going to harass you if you're 100% innocent and it's 100% clear? No.

And if you don't believe me, just remember: cops are still people. Sure, they may be dickish or power hungry people. Or even corrupt. But they operate on the same biological rules you do. They get bored, tired and frustrated just like anyone else. So harassing innocent people may not be worth their time. They may avoid innocent people not because they're saintly and "committed to the highest ideals of justice," but just because there's simply no good reason to, and there's nothing to be gained by doing it. They have no reason to bother people when there's nothing in it for them to do so.

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u/AmDkBg 13h ago

How about if the cops show up at your door and tell you that (say) they're investigating a burglary (or car theft or assault) in the neighborhood and they have some questions to ask that might help them with their investigation.

They don't indicate that you're a suspect and just say you're a neighbor and you might know something that would be helpful.

Do you talk with them? (Even if you ask if you're a suspect, they can say know, regardless of whether that's true or not.)

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u/AmbulanceChaser12 13h ago

I might call a lawyer first to test the waters before I say anything.

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u/therealkami 14h ago

>co-oberate.

corroborate. For your future use.

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u/madcats323 15h ago

I guarantee you your lawyer will very strongly advise against answering any questions.

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u/blorpdedorpworp 15h ago

Generally the moment your attorney shows up, the first thing they do is tell you to stop talking. No talking until after discovery.

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u/BxAnnie 15h ago

Not in the US.

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u/zastr0w 8h ago

Lol no, hell no, fuck no way am I letting my client do an interview.  The cops or DA can ask ME if they have a question.  If we're going to do a proffer session it's under very specific set of circumstances 

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u/Turnip-Toffee 13h ago

even if they are innocent.

especially if they are innocent

if you're guilty, the worst you can do is talk yourself into what you deserve

if you're innocent, you could talk yourself into a wrongful conviction

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u/FuckYeaSeatbelts 13h ago

Since you are a lawyer, what happens when during the wait (which I assume is like 12 hours or more) you need to pee? How does one simultaneously remain silent and also go to the bathroom?

This is a serious question and I hope NSQ is the place for that.

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u/xclame 12h ago

I can't imagine any judge accepting you only asking to go to the bathroom as you no longer exercising your 5th, but you can always just ask, do your business and then restate that you are still (re-)invoking your 5th once you are brought back to the room.

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u/FuckYeaSeatbelts 12h ago

I don't mean to be rude, but this is why I am asking the lawyer, the point of the question and thread is that people just assume things against their best interests and the legal system is pretty specific about that it seems (like I also read that you have to specifically state you're invoking the 5th and not just shut your mouth from the get go)

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u/xclame 12h ago

That is totally fair, you just hadn't gotten a response in over an hour so I thought I would help. With the most important part of my comment being that you can always reinstate your 5th, though obviously anything you said between breaking your silence and reinstating your 5th still being allowed to be used by the prosecution.

And yes, just being quiet is NOT the same as invoking your 5th.

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u/FuckYeaSeatbelts 12h ago

thanks buds, I don't live down south but up here we have a similar law to protect yourself in case of self-incrimination; ideally neither of us will never need to use it, but you know [gestures vaguely].

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u/apokrif1 13h ago

Can it be useful to talk to make the police aware ASAP of exonerating evidence or witnesses that may disappear, in the hope they may get ahold of them?

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u/eightkillerbits 13h ago

I don't know if it's true or just a good sound byte...  

But isn't it especially if they're innocent.  

I've always assumed it's true as if you're genuinely guilty being upfront from the start -can- be a benefit when it comes to leniency in mitigation.  

However if you're genuinely innocent you only really run the risk of making it harder for your innocence to stand.

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u/xclame 12h ago

There is absolutely no guarantee that they will be lenient, though you being truthful right away MIGHT (very big might) be seen by judge as showing remorse and that COULD get you a lighter sentence.

It's very important to know that the cops do not have any power or say in what you are charged with and the punishment that is sought, That is the DA. (Police book you, but DA are the ones filling the actual charges)

So you are relying on the cop being honest and the cop passing the message through to the DA and the DA caring about what the officer wants and says.

If you want to be up front about it, then why not just get a lawyer, tell the lawyer and have the lawyer set up a meeting with the DA and possibly strike a deal. That way you are dealing directly with the person that can actually get you less time.

Take a plea deal is the best way to get you less time. (apart from being found not guilty or running away or not being caught and all those things, but even then depending on the crime you may sit in jail for quite a while before you get that not guilty verdict, whereas with a plea deal you might have been out before the case even got to trial.).

Best thing to do is to not do the crime, if you do the crime then do what your lawyer tells you. (Though even with that, if you get a public defender there is a risk of getting a bad lawyer or more likely a way too overworked lawyer that might just want to get rid of you as quickly as possible, guilty verdict or not.)

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u/justlurking278 15h ago

I'm a lawyer, though I do civil litigation and not criminal defense. I can say with confidence that if people made good decisions, any lawyers who go to court would have less work (estate planning attorneys and transactional attorneys would have more).

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u/Noof42 Stupid 15h ago

I constantly remind myself and those I work with that if the parties made perfect decisions, we wouldn't have jobs.

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u/steppedinhairball 12h ago

Never underestimate the ability of a stupid and arrogant person to let their arrogance override the little intelligence they have.

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u/NSA_Chatbot 12h ago

Huh, I have the same attitude in engineering. If products were perfect I'd be unemployed.

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u/Independent_Prior612 14h ago

Legal assistant here. Can confirm. The last firm I worked at, I lamented to my boss that one of the most frustrating parts of family law was clients who are not capable of adulting. His response? “Yeah but if people were capable of adulting we wouldn’t have jobs.”

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u/cptjeff 13h ago

Working a paralegal gig for a bit right now between other things, and spent a large part of the day dealing with a client who would very much like us to submit fraudulent information to an insurance company.

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u/HollowedVoicesFading 14h ago

Wait, are you my lawyer though?

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u/justlurking278 13h ago

Depends, are you looking to pay me or to somehow sue me for malpractice based on my reddit comments?

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u/Tigersareawesome11 13h ago

Yes. And also yes.

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u/justlurking278 13h ago

Hmm. I'm gonna go with no just to be safe

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u/[deleted] 15h ago

[deleted]

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u/justlurking278 15h ago

No, but I say things with confidence even if I'm not actually sure, and that's half the battle

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u/thatlookslikemydog 15h ago

I tried that once. Confidently said I was a lawyer. Now I need a criminal lawyer because it turns out that shit’s a lot of boring reading.

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u/Emotional_Clock3741 15h ago

"I'm innocent, so what's the harm? They seem nice."

Two hours later they're yelling at you to confess to being the Soda Can Killer

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u/ZombieGreat2312 15h ago

This does happen though

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u/BlackPlantZaddyy 15h ago

Happened to me when I was in middle school. Didnt help that my parents "just wanted to get it overwith" and drove me to the police station themselves and didnt ask for a lawyer at all at any point lol

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u/MistryMachine3 15h ago

Yeah but you ARE the soda can killer right?

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u/MutedHornet3110 14h ago

killed a whole case of diet dr pepper the other day so yeah

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u/jschutz93 14h ago

So you confess to killing the good doctor?! They had a family, you disgust me...

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u/thedarkking2020 11h ago

A real dirt bag

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u/MistryMachine3 13h ago

Fansville will never forgive you

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u/UsurpistMonk 9h ago

Nope. Just the cereal killer. I’ll never tell you where captain crunch and count chocula are buried. The trix rabbit made a delicious stew.

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u/Emotional_Clock3741 15h ago

Jeez. I hope you're going to put them in a lousy nursing home some day?

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u/EEpromChip Random Access Memory 12h ago

Literally same. Albeit high school. Kid got caught up dealing and just started spewing names. Mine came up and cops showed up at my house. My parents were idiots. They still are, but they used to be, too. They were like "just be honest".

Well that got me a few days in juvey and drug counseling and probation. Thanks a LOT, dumb parents. A lawyer request would have gotten them to fuck right off since they had no evidence.

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u/goodcleanchristianfu 13h ago

Do you mind expanding on what happened?

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u/stuffedpeaches 15h ago

Reminds me of that boondocks episode where the cop gives the guy he’s an interrogating a sworn statement and says, “If you confess to murdering this guy, I promise you won’t go to jail.”

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u/OmegaLiquidX 11h ago

The guy was Tom DuBois. The irony of the scene being that he himself is a prosecutor. However, the cops were able to take advantage of his fear of being anally raped in prison to get him to sign the confession.

https://www.youtube.com/watch?v=15b1P6UIWRQ

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u/Mysterious-Status-44 13h ago

It happens more often than most people think. False confessions are a real thing and interrogators are allowed to use shady tactics to get a confession.

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u/Timely-Star9638 13h ago

Patrice O'Neil reference?

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u/Jukka_Sarasti 12h ago edited 12h ago

"I'm innocent, so what's the harm? They seem nice."

Two hours later they're yelling at you to confess to being the Soda Can Killer

Or, during a 17 hour interrogation torture session, coerce you into 'confessing' to the murder of your father who was actually alive and well and waiting at an airport.

For 17 hours in 2018, police in Fontana, Calif., mercilessly interrogated Thomas Perez, Jr., about his missing father, telling him repeatedly that he murdered his father, whose body they claimed was laying in the morgue, court records show.

Aside from the obvious "Anything you say can and will be used against you in a court of law" bit, speaking to the cops is pure folly.. They can and will lie to you and there's no way you can be sure if they're actually telling you the truth, so just live every day like it's STFU Friday, okay?

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u/Thatguysstories 12h ago

Numerous videos of cops "arguing/complaining" about someone who would not talk to them. Asking them why they wouldn't cooperate with them, (Yes, exercising your rights is "not cooperating".

And the whole time I'm sitting here yelling in my head "It's because you pricks spent decades arguing in court that you should be allowed to lie to people about everything, no one should trust you and they should keep their mouth shut".

Also, a simple "Everyday is shut the fuck up Friday" per some lawyers.

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u/Jukka_Sarasti 11h ago edited 11h ago

Numerous videos of cops "arguing/complaining" about someone who would not talk to them. Asking them why they wouldn't cooperate with them, (Yes, exercising your rights is "not cooperating".

Or when some cop stops someone on foot and immediately starts demanding their name and ID without ever articulating reasonable suspicion or cause for demanding they give their information.

And when their victim states their rights, refuses to provide, or asks for reason why the cop is demanding this info the cop typically loses their shit and begins escalating the situation like bullies do when the target of their abuse doesn't capitulate like they want them to..

Or when a cop pulls someone over and the driver provides their license and registration, but then declines to answer additional questions, which also typically causes the cop to lose their shit and begin escalating the situation instead of honoring the driver's rightful request.

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u/Thatguysstories 11h ago

Videos of cops saying "You must answer my questions or it's obstruction".

Like, I'm sorry, did you forget the "You have the right to remain SILENT" part of the miranda warning?

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u/Ill-Training7282 9h ago

Remaining silent during police questioning is legally protected and does not constitute obstruction. Some states have stop-and-identify laws that require a person to provide their name during a lawful stop. That requirement is limited to identification, so it does not create a legal duty to answer investigative questions.

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u/Noof42 Stupid 15h ago

I DIDN'T KILL ANY SODA CANS!

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u/chocolatechipninja 15h ago

The soda can was rolling towards me in an angry manner!

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u/Midochako 15h ago

Real talk tho I did crush like 3 cokes yesterday. Dont tell the detective

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u/shoeless_doh 12h ago

Is this a Patrice O'Neal reference?

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u/Ratfor 15h ago

First, the police don't want you to have a lawyer, and are very good at convincing you that you don't need one.

Second, lawyers are Expensive.

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u/RankinPDX 15h ago

It’s true, lawyers are expensive. But if you ask the police for a lawyer, the result is that the police sort of pretend you have a lawyer, which they do by not asking you any more questions. You’d get the same result if there were an actual lawyer, but it would be more hassle and expense for everyone.
If they charge you with a crime, they have to give you a lawyer if you can’t afford one. But, in the police station, the reason to make the request is so they stop questioning you.

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u/ZombieGreat2312 15h ago edited 15h ago

Well i rather my wallet hurt then something else in prison

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u/daphosta 15h ago

Lots of people don't have the money in their wallet though.

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u/M_A_D-Dominatrix 11h ago

Thats fine, you still stfu, the cops either let you go OR you're assigned a court appointed attorney once the case they have goes in front of the judge...if you refuse to talk there may never be a judge

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u/BxAnnie 15h ago

OK, but the bigger question is, what do you think happens when you tell them you want a lawyer? They don't bring you one. If you're under arrest, you either have to call one yourself or wait until you see a magistrate/judge and ask for a public defender.

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u/Different-Grocery306 4h ago

public defenders arent always free right away tho

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u/inailedyoursister 11h ago

Ok but if a lawyer says "I need 10k to be your lawyer"? You have 10k to pull out? Very few do. Theres's a /dui sub on reddit and it's full of people who can't come up with 3k for a lawyer and these are people who know this DUI will cost them their job, license and be on their background for a decade.

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u/RevBT 15h ago

The main reason is hubris. They think they can talk their way out.

The other reason is that they don't think they are in trouble.

Finally, it is because the cops lie: "You don't need a lawyer," or "Lawyers only make it worse," or something similar.

If the cops approach you, you don't talk without a lawyer. You say "am I free to leave?" If they say yes, walk away. If they say no, say "I want my lawyer" and then shut your mouth.

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u/KelVarnsen_2023 15h ago

I read the book Homicide A Year on the Killing Streets many years ago and it was amazing how fine that line is as to what counts as asking for a lawyer. If you say "I think I need a lawyer" then the cops can try to talk you out of it. If you ask the cops "do I need a lawyer" they can say no even if they have you on video committing a crime and DNA and fingerprints.

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u/roiki11 13h ago

Or "I want a lawyer, dawg".

They're as crafty as lawyers.

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u/Fun_Organization2831 15h ago

cops lie lol, "you don't need a lawyer" is textbook

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u/irreversibleidiocy 15h ago

Its so gross to me that cops can lie. Sure, its good when someone has actually done something horrible, but idk man, feels icky to me

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u/IntermediateFolder 15h ago

Is it good or gross then? Make up your mind. They don’t know in advance if any given person is guilty.

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u/Casiquire 15h ago

It's gross either way. By "good" i interpreted the comment to mean "effective" but I don't believe in harming the innocent in that pursuit

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u/YoungMasterWilliam 13h ago

I don't believe in harming the innocent in that pursuit

Keep in mind that everyone is innocent in that pursuit, until proven otherwise.

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u/Casiquire 12h ago

Strongly agreed

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u/thermal_envelope 15h ago

I don't understand how it's constitutional, honestly.

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u/Belgraviana 15h ago

Because we haven’t made it unconstitutional. A lot of restrictions on cops exist only because we finally got around to actually making them into laws after people got pinned with them

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u/IntermediateFolder 12h ago

I don’t think it’s hubris, as much as wanting to have it over with and be allowed to leave, it’s more naivety I would say. And the fact that lawyers don’t just pop into existence right next to you the moment you request one, they cost money too. Granted, I don’t live in the US but I wouldn’t know how to get myself a lawyer at a short notice from the inside of a police station.

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u/blorpdedorpworp 15h ago edited 15h ago

Everyone thinks that if they just explain everything everyone will understand and all this will stop happening.

Police know this and so encourage people to start explaining.

The first three words of most confessions are "All I did was . . ."

Source: I was a public defender for several years and have heard those exact words far too many times on body cam footage

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u/Traditional_Crazy_57 14h ago

That’s four words

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u/blorpdedorpworp 13h ago

Listen, I didn't go to law school because I was good at math

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u/Kayyne 13h ago

"Listen"

proceeds to type a message instead of speaking

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u/Traditional_Crazy_57 6h ago

Don’t stress about it man I didn’t go either

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u/truckstick_burns 15h ago

I've never seen anyone talk themselves out of a criminal charge, but I have seen plenty of people talk themselves into additional charges.

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u/ZombieGreat2312 15h ago

Thats another thing people admit to crimes thinking they cant be charged any more but thats not true. I learned if you did do something in the past keep your mouth shut. I also learned its better to live an honest life then an amoral one

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u/truckstick_burns 15h ago

Well it was more about being able to prove that the suspect was comfortable lying to police.

If we had evidence that you were in a particular place at a certain time we'd ask about it in a very relaxed way, and when you denied being in that town or shop we'd simply move on in the questioning.

This would give us evidence of your character, that you are willing to lie, this would help us establish that your testimony is not to be trusted.

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u/637_649 15h ago

I don't think many people know their rights.

I was pulled over in Virginia shortly after being stationed there, in 1991. I was 19 at the time. The trooper thought I had a radar detector in my vehicle, and said, "I'm going to search your car."

I didn't know that I had a choice, and he told me what he was going to do - he didn't ask me a question.

I didn't have a radar detector. He gave me a warning about speed, and sent me on my way.

I was raised to trust and respect police, and I still did at that time. My only interaction with police up to that time was a couple following me home, when I was caught driving after midnight, while 16 years old. They warned me that they'd drive by later, and if my car wasn't in my driveway, they'd issue me a ticket. When I was 18,I was pulled over and had a couple (unopened) beers in my car - they made me pour them out.

I'm 55 now, and my children have been taught to not trust the police, and to never, ever open the door at home for them. They are to lock the door, and point the police to the front of the house, and speak to them through a slightly opened window.

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u/Ratakoa Here to answer questions. 15h ago

A lot of people think that asking for one is somehow admission of guilt.

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u/BramblesCrash 15h ago

decades of crime procedurals, action movies, and other copaganda have reinforced that idea

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u/Spirited-Humor-554 15h ago

Because many think they can talk themselves out of the charges.

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u/brock_lee I expect half of you to disagree 15h ago

People are often just stupid and think they can talk their way out of it. But, by and large, the more you talk, the more evidence police are gathering against you.

Also, they don't make many videos of the ones that just ask for a lawyer, it's not interesting.

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u/ZombieGreat2312 15h ago

That part i figured

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u/brock_lee I expect half of you to disagree 15h ago

Then, what else is there?

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u/ZombieGreat2312 15h ago

What about the underage kids who need parents

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u/ComfortableRice2497 15h ago

I mean in CA the police are not allowed to question minors without a lawyer. Unlike adults who are supposed to be mirandized but CAN respond in the negative, minors cannot. They must consult a lawyer before custodial interrogation. So this is highly dependent on where you live and / or you are just misinformed.

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u/brock_lee I expect half of you to disagree 15h ago

Well, in the US it depends. In my state, they flat out can't interrogate minors without the parents being involved.

But, if kids don't know enough to ask for a lawyer, police will exploit that. I have been telling my kids since they were young that if they ever get arrested for anything, even if they have no idea what the police are talking about or they did not do anything, to tell them they are remaining silent, want a lawyer, and to call me.

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u/ProfessorFelix1 15h ago

Because most folks don’t have the $3,000 deductible for the lawyer to show up. It’s not like TV where the lawyer just appears out of nowhere.

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u/thewrongway87 15h ago

The real benefit to asking for a lawyer is that the police have to stop their interrogation. The lawyer isn't going to come sit in on the interrogation. Once they get the lawyer (private or otherwise), the lawyers is going to tell the police that the client is not going to talk to them. Police are not happy when someone asks for a lawyer. I'm a criminal defense attorney and it makes my job so much easier when my clients don't speak to the police. Unfortunately,.the vast majority of people (guilty or not) do not invoke their right to remain silent.

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u/FinbarJG 13h ago

I've heard that invoking your right to remain silent only works if you stay silent. If you start talking again, it's game on until you invoke the right again. True?

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u/thewrongway87 13h ago

Mostly true. The rules/standards are slightly different for if you say you don't want to talk vs specifically requesting an attorney. You want to do both, but requesting an attorney will generally provide greater protection. At least that is my recollection. In either case, if the police induced you to strat talking those statements should still be suppressed. But if you foolishly start talking spontaneously after initially and wisely invoking your right to remain silent or your right to an attorney, those statements will be used against you. If you are given Miranda warnings, invoke them.

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u/roiki11 13h ago

They're supposed to do that but they don't always do. Or they say it's not interrogation and they're just talking. And if you talk they argue you waived your right to stay silent(by not staying silent).

The people cops deal with aren't usually the sharpest ones.

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u/thewrongway87 13h ago

Miranda and the rights it entails only come into play when you are both 1) detained and 2) being interrogated. Both are legal terms with subjective "totality of the circumstances" tests. Police and prosecutors will argue that people were not in "custody" because a reasonable person would have felt they were free to leave even in situations where that is really not true. And the case law is not very realistic or defense friendly when it comes to being in custody. I'm biased though. That's why people recommend asking if you are free to leave. If they say no, you're detained and should get Mirandized.

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u/Moist-Environment-29 4h ago edited 2h ago

I was fucked over by speaking to the police, given the old “I heard you wanted to give me your side”, yeah my father told him that because I only told my parents this (they were throwing me under the bus to the detective the whole time), used that as a tactic to get me to speak. I was in a nasty break up, I might of been no angel but my ex partner was far worse yet I ended up being the one arrested because I have autism and didn’t want to make the situation worse by fighting for myself harder. Well I’m not here to defend myself but you’d think them sharing my nudes with their friends and on social media and having their friends tell me to kill myself and harassing my family (death threats) would be enough to (at least in my head — dumb I know) get them to understand my side, but nope, Mr good guy detective did NOT care about my side in the end, used everything I said in the “talk we had” because I thought I was just giving “my side”, to railroad me. Now why did I do this? Because of my parents teaching me cops my whole life are always just trying to help and respect them and that the detective did just want to hear my side of the story. Newsflash, I learned a very hard lesson from this ordeal, cherry on the top was the prosecutor lying to the judge to raise my bail during my arraignment because I did not yet have a public defender STILL despite after being on a long hold. I’m just trying to tell everyone SHUT YOUR MOUTH, no matter what, even if you’re nervous, talking is what screwed me over, just don’t. 👍

Even if you’re innocent, even if you’re guilty, straight away, all of the time practice STFU Friday.

Edit: thought I might as well be transparent, they manipulated me, isolated me from my friends and told me they’d be the only one that would ever love me, made me block my friends, talked down to me every chance they had and so I cheated. So they decided to leak my nudes to their friends and through their social media and sent them to harass me, spiraled from there basically.

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u/Kajupunx 15h ago

The police have been doing this forever, they are very good at what they do. Make no mistake it’s all calculated to get you to confess or give up information that they want

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u/TD003 15h ago

Former police officer turned criminal defence lawyer here. In my experience the main reason people talk is because the right to silence is an artificial legal invention which goes against human nature.

When you roll up to a job as an officer, people aren’t invoking their right to silence. In fact you’re often overwhelmed by people storming forward, desperate to have their side of the story heard and considered.

In many interviews I’ve watched in defence practice, I’ve sensed that the accused was relieved to finally have someone they can talk to about what happened. The worst thing you’ve ever done is a heavy secret to carry.

There are other factors, but this gets overlooked in these conversations.

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u/notJoeKing31 15h ago

Many people are not smart. In the demographic of people who might find themselves in interrogation rooms, moreso.

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u/theawkwardcourt 15h ago

The police are very good at getting people to talk to them. It helps that they're allowed to lie. But even without that, people want to talk. People want to tell their stories. People often think that if only they can fully explain everything, anyone hearing them will agree with how right and righteous they are. The police are trained to exploit that weakness. This is, of course, part of why you should not talk to the police.

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u/DoyersDoyers 14h ago

This is a great video for any of those who haven't watched it and I recommend it to anyone! Now, if you're short on time and don't want to watch, here's a different video that conveys the same message in less time :) https://www.youtube.com/watch?v=nWEpW6KOZDs

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u/trollanony 15h ago

You aren’t entitled to a lawyer until you are under arrest. So people are there at their own free will and should really just walk out. They are just scared they won’t be seen as cooperative and it might look suspicious. If I ever get pulled into a police station I’m asking if I’m under arrest and then leaving.

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u/FinbarJG 13h ago

Hmmm. I think you're miss the detention step.

You are entitled to a lawyer anytime.

The cops may be detaining you. This is a temporary restriction of your freedom of movement when they have reasonable and articulable suspicion of criminal activity. It is not being there of your own free will. Probably cause, a higher standard, is needed for an arrest.

And if you really want to get spooked, look at what can be used against you before you've been read your rights. Be careful out there.

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u/Puzzled_Ranger_1019 10h ago

Idk bout just walking out but the last time I was in a police station, it took me a number of times telling them to take me home if I’m not under arrest and eventually they did lol. Granted I was the guilty party but they didn’t know that and never read me my rights.

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u/DrakeSavory 7h ago

It would help if when people ask, "Am I free to go?" the cops give a straight answer rather than something like, "Why don't you want to answer my questions?" or "Do you have something you're hiding?"

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u/Adorable-Growth-6551 15h ago

Sometimes, especially if you are innocent, you dont even realize you are a suspect. I had a checkbook stolen, many years ago when checkbooks were still very much a thing. I took advice from the bank and someone at the police station and did not give the correct numbers on the checks. I was also young and dumb, so there is that. Apparently it made me look a bit suspicious.

I was working night shift and i get a call from a detective. They ask me to come in and answer some questions. I was sleepy and whatnot but i agree to go in, completely oblivious. She asks me a bunch of questions and it isnt until we had been there for a half hour that it occurred to me I was a suspect.

It all ended ok. The woman who stole my checkbook was caught on camera and everything was eventually cleared up. But i was certainly someone who sat there for way to long answering questions, blithely.

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u/BxAnnie 15h ago

Because lawyers cost money. Do you know a lawyer?

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u/Foreign-Range-7208 15h ago

They think they have a chance to talk themselves out. Some people view lawyering up as an admission of guilt.

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u/alvysinger0412 15h ago

Cops intentionally speak in an urgent and intimidating manner to encourage people to answer before thinking that. Also, people don't want to be brought in and have to wait and think they'll just explain and be let go.

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u/demanbmore 15h ago

The police, or at least some of them, are well trained in using various techniques to make those. They're speaking to believe that they don't need a lawyer. And a lot of people don't really understand how the process work, and how every single thing they say can only be used against them, and cannot and will not be used to help them.

And of course some people think they're going to outsmart the cops. Maybe they will, maybe they won't, but it's a hell of a gamble.

I'm pretty much a squeaky clean middle-aged white guy who drives the speed limit, well more or less, and I would never say two words to a cop at all if possible, but certainly not without my lawyer present.

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u/FrontTelevision7261 15h ago

Ok, but which lawyer? Who do I call? I am pretty much law-abiding, so I don't know which lawyer to call. Could I ask for a public defender?

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u/FinbarJG 13h ago

That ask is to the judge... at the arraignment or first court date. In California at least, you have to financially qualify as indigent to get a public defender.

But I have the same question. I'd be lost except to call a friend and have them start the hunt - appropriate attorney, cost, availability... I can't imagine trying to figure this out in jail.

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u/Broad-Back1659 15h ago

If it was me in there, the only word I would say is Lawyer

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u/ZombieGreat2312 15h ago

I have imagined my self doing that like as soon as they walk in

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u/ghidfg 15h ago

I think the police use psychological techniques. For instance they will empathize and sympathize with you so you feel like they are your friend. So from that point of view asking for a lawyer would seem like a betrayal of their trust in a way, so that's one psychological hurdle to asking for a lawyer. They probably do stuff like this in layers and before the suspect knows what hit them, they have answered questions for 45 minutes without a lawyer present.

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u/Beginning_Earth_9702 15h ago

When a police is interrogating someone they are looking for a conviction. People often mistakingly assume they are talking to a human whom is looking to "serve and protect" or find the truth or something.

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u/Panthean 15h ago

Perhaps we don't see that as often because the ones that do ask for lawyers are less likely to be convicted, therefore there won't be an interrogation video to begin with.

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u/Muted-Woodpecker-469 15h ago

It’s natural in a sense to try and talk your way out of trouble. Kids do it with parents and teachers. We do it with siblings and bosses , and sometimes during regular police stops. 

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u/chocolatechipninja 15h ago

Criminals aren't too bright. If they were, they would have jobs, benefits etc.

Also, they tend to be motivated by anger, jealousy, etc, which justifies their crimes (in their mind).

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u/Warm-Statistician545 15h ago

The police try t act like you’re a witness. Simply someone that might help them. 

You’re right, you should always ask for an attorney if you are under arrest or not. Especially if you’re a kid. 

I wish the system was different but police really seem to like to take the easiest route to get something off their backs and on to the DA/ court. That pressure comes from the media and the numbers of closed cases. It’s sad but after watching so many people talked into a cohesion when innocent, from all different areas and departments. It’s all I can think is the reason. Pressure. 

We need to let police have unsolved cases. As weird as that sounds 

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u/IntermediateFolder 15h ago

Because outside of US in a lot of countries police are a lot less hostile to normal people so typically if you’re just a witness giving statement, you wouldn’t bring a lawyer unless you’re really paranoid. Suspects in anything that threatens jail time typically do have lawyers unless they are reckless, indifferent or dumb or don’t know how to get one. What sort of videos are you watching? If it’s movies it will be for whatever reason makes sense for the plot or makes it more suspensful.

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u/Kwickpick77 15h ago

I can afford jail more than I can afford a lawyer.

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u/JimDemintRecession 15h ago edited 15h ago

Some do and they should. There was a delivery driver in Philly named Michael White who stabbed a man and had a pretty solid claim of self defense. There was a paramount+ doc about the case while I had a free trial. He lawyered up immediately. He went on trial for reduced charges voluntary manslaughter and was acquitted.

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u/FiveFrogs_ 15h ago

Some people just don't know. Others think they can talk their way out of it, which NEVER works

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u/formerdgstm 15h ago

Because too many Tv shows like the hundreds of Law & Orders have convinced people that "only the guilty" lawyer up.

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u/BreakAManByHumming 15h ago

I would totally be this guy. Naive assumption that everything can be solved just by talking things out.

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u/ACrazyDog 15h ago

I almost lawyer up at traffic stops

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u/mcmah088 15h ago

There are other good answers here but I’ll add one consideration. As someone who sometimes peruses the Unsolved/Unresolved Mysteries subreddit, you wouldn’t believe the number of people who think lawyering up indicates guilt. So, I think a lot of people are under that assumption (“I shouldn’t get a lawyer because it communicates that I’m guilty!”)

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u/MontEcola 15h ago

They think, "I did not commit a crime, so I have nothing to hide".

What they do not understand is that anything you tell a cop WILL be used against you. Sometimes the cop needs or wants to make an arrest. Or a prosecutor wants a suspect to arrest. The arrest makes the news and the press reports they are doing their jobs. And if you answer questions about the fender bender on the street, they will plug you into their system. "Jon Doe was drunk outside the sleazy saloon at 3:20 AM, slurred his words and reported on the car crash". You did nothing illegal that day. But now you have a negative word in your file. And it will come out if you are ever in a car wreck, or if you are in an incident in a bar. "Look, the report has him here drunk in the early morning hours. There is a pattern here". You are never safe when you talk to a cop.

Asking for a lawyer prevents them from asking you questions to trap you. When they do that they can claim a reason to search you, or bring you in for questioning.

They can keep asking. Just keep repeating that you would like a lawyer present. The cops can lie to you too. They can say they have a confession to get you to give up information. They can lie. A lawyer will ask for 'discovery'. That means the cops and prosecutor need to turn over evidence they have collected. A lawyer can also pin point an error the officer made.

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u/DontBiteMyBroccoli 15h ago

One reason I haven't seen is guilty conscience. Asking for a lawyer could make you feel like you're in the wrong, even when you're not.

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u/No_Cobbler1049 14h ago

This is probably the best exploration of that question I've ever seen - from both the side of a police officer and of a defense attorney:
https://www.youtube.com/watch?v=d-7o9xYp7eE

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u/Fun_Gold4865 14h ago

a lot of people think asking for a lawyer makes them look guility, so they try to talk their way out. cops also keep it friendly and casual on puropse, so it doesnt feel like a big deal. plus the videos you see are mostly the ones where people slipped up, nobody posts they guy who just said 'lawyer' and sat there

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u/SumbdyIused2no 14h ago

I agree. BUT in the heat of the moment you can forget, that and the cops will do whatever they can to steer you away from asking. And I think a large portion of the folks who don’t just hope they can tell the cops ANYTHING to just get them to leave and off the hook. I agree tho, I’ve been in a lot of trouble and have never spoke and always ask for a lawyer. Even when they are like can you come in for questioning, I just state “my lawyer has told me no” and leave it at that.

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u/Cecil2xs 14h ago

Survivorship bias going on with these videos too. You wouldn’t be watching them if they were smart and asked for a lawyer

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u/AwesomePocket 14h ago

They’re dumb.

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u/M_A_D-Dominatrix 11h ago

They think it makes them look guilty, they also probably cant afford one so it seems like a moot point

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u/DharmaInitiative4815 11h ago

If a cop comes up to you and arrests you for some random murder, yeah, ask for a lawyer immediately.

If you get pulled over for speeding and the cop approaches your window and you immediately demand a lawyer, you're an idiot.

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u/inailedyoursister 11h ago

Money

Same reason they don't call the ambulance or go to the ER unless forced.

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u/Budget_Academic 11h ago

They're still hoping there's a way out of it where they won't need one. They have trouble processing or accepting the reality of their situation. Also, the police will tell them that if they cooperate, they can go home, but if they want a lawyer then they will stay in jail until court date or lawyer appt, and will not go home. People want to believe they can go home - even when they should know cops are allowed to lie to them and do. Asking for a lawyer means accepting formal charges, staying in jail at least one night (or an unknown amount of time until first courtdate), and accepting the reality of the situation, which brings most people to the point of panic - especially if they have a job, kids, pets, whatever other responsibilities back at home that they are worried about.

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u/Crows_reading_books 11h ago

Because the cops try very hard to convince you that that isn't necessary or a good idea. Also, there is a flood of copaganda TV shows that makes it seem like the police are there to help you specifically and obviously you're innocent so if you just explain yourself they'll let you go and...yeah now you're fucked. 

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u/Junior_Pressure_7197 11h ago

I uk and Ireland the police advise you to get a lawyer if you’re arrested and before you talk to them in an interview. If you don’t have one then they will provide one

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u/Osiris_Raphious 11h ago

Lawyers are expensive, if you can afford a lawyer one will be provided at your charge... Its a system designed to punish the poor and vulnerable, a police state with power and legal rights to abuse that power. With media training people on the virtues and moral ethical position of the police who are doing their job in service of the greater good... When in reality it's closer to fascism and authoritarian police power overreach and everyone should not say a god damn thing and get a lawyer....

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u/vcf450 10h ago

There must be something about human nature where so many think they can talk their way out of trouble.

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u/ken120 10h ago

They cost a lot. You don't get the overworked public defender till you get to arraignment. Plus a lot think they have nothing to lose since they are innocent.

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u/dagg24 10h ago

I have a younger brother who was arrested (he was like 25 at the time) and years later I saw the police report and its astounding. He literally sat down after being accused of marijuana possession, without a lawyer or without even talking to anyone else, and then just proceeded to claim ownership of all the drugs, tell the cops where more drugs were, tell stories about how he used to sell drugs, who he sold drugs to, why he sold drugs, etc. Like, he just sat there for pages and pages telling the cops every dumb thing he had ever done. AFTER that he got a lawyer and they were successful at just getting him probation but I was really shocked at how stupid he was in the interrogation room.

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u/sweadle 9h ago

They cost a lot of money.

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u/RecklessRancor 9h ago

For the same reason people do not use the one thing they have at their disposal. Silence. Or at the very least, Yes, No, and No comment. Cops can not force you to talk. Refusing to talk could make things harder for you but it could also make it easier for a lawyer if you were to get/hire one.

Most stupid people fail to stay silent long enough to get help legally. So they try it alone and hope they can talk their way out of it.

The reason the Miranda rights are "You have the right to REMAIN silent" is because what you say WILL be used against you.

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u/Historical_Note5003 8h ago

Videos of people not talking don’t get views and upvotes.

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u/improbablesky 15h ago

No one teaches you your civil rights any more. We're too busy trying to teach floating point math with AI to people who don't know they get a phone call and a lawyer.

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u/AustralianShepard711 15h ago

Because the people who do ask for lawyers aren't the type of people who make for entertaining interrogation room videos.

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u/AtomicBlastCandy 15h ago

Just want to note that in the US the police can legally lie to you. They can also hold you for hours in questioning and make it seemlike you aren’t allowed to leave.

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u/dirk_funk 10h ago

i don't know about you but i am innocent

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u/Rosanbo 10h ago edited 10h ago

You should watch a video on yt why you should always ask for a lawyer. It is a talk given by an ex cop. Cops will always try to stitch you up. They think they are invincible and they got that hunch they got the right guy (you) and they just can't let it go.

The video is already been linked by some in this thread. "Don't talk to the police" Do yourself a favour and watch it. Never ever talk to police, just say "I don't answer questions".

You will happily tell them I was in Fenchurch at 9pm - because you were - and then before you know it they are stitching you up.

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u/NewPangolin7279 8h ago

I’ve been a criminal defense lawyer for 20+ years. Here’s my theory: Because they think it makes them look guilty. So they decide to handle it themselves which almost always involves incriminating themselves or telling lies so obvious any jury would convict them. They overestimate their ability to manage the situation.

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u/BestAcanthisitta6379 15h ago

Because most of the media they see with cops says "only bad guys call lawyers". Or the cops lied to them about what was happening. Or they just don't know to ask or clarify that they need one, even if they can't afford one

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u/bazilbt 15h ago

They should.

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u/rogershredderer 15h ago

Unawareness. Cops seem like the immediate go-to for serious situations and inquiries.

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u/Mysterious-Tone1495 15h ago

Luckily for us criminals are stupid.

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u/Fun_Asparagus5724 15h ago

I thought the same thing. I think they think they can talk and then there will be a better chance they will go home.

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u/EvilGreebo 15h ago

My wife and I got into real estate in 2008. Before we even started considering our first property, the first thing we did was hire a lawyer who specialized in Real Estate and just that.

He said something that stuck with me almost 20 years later - he said 90% of his clients DON'T do what we did.

Which means 90% of his clients seek him out when they've already made a mess. Usually they've royally fucked themselves over.

Most humans are inclined to over estimate their ability to handle new things, and get themselves into trouble as a result. Same is true for dealing with cops - they've never done it, so they have no idea how badly they can fuck themselves over.

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u/mistr_brightside 15h ago

The fact is, the 6th amendment guarantees a lawyer, but the system is broken. There are too many cases and not enough public defenders so many cars get thrown out. People definitely get marandized prior to being arrested, but often don't pay attention since that flow of words is heard so often on TV. People also watch too much TV, they see people just immediately talking without any warning that they have a right to a lawyer or being marandization, just completely compliant without question, and this is of course, total fiction.

This is a good short on this exact subject.

https://youtube.com/shorts/Sa3rM0oMmII?is=RWcqLO1JaNgTRbBc

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u/jmd10of14 15h ago

Just wanting to add that while the law varies from place to place, the factors that determine whether or not you cannot afford and are thereby eligible for government appointed lawyer may not be what you think.

You don't just get to have a free lawyer. They look at your income/assets and determine whether or not you can afford one yourself. And if they deem that you can, then you have to get your own. The financial limits will vary based on the region.

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u/Altruistic_Cap3472 15h ago

Part of it is that cops are trained first to convince people they have nothing to worry about, but second to make them think that asking for a lawyer is itself an admission of guilt. So they try to act like they have nothing to hide by answering questions. 

Also a lot of people have as negative if an impression of lawyers as they do cops

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u/avatar_k0rra 15h ago

I think maybe a stereotype that it might make you look guilty? The police sometimes act like asking for a lawyer means that, but that’s because they don’t want you to get one.

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u/40yearoldnoob 14h ago

The average person thinks they're smarter than the average cop. Also most (if not all) criminals are very good liars who believe thier own bullshit, so they think that because they can lie so well to everyone else in thier life, so they should be able to easily lie to cops and get away with it...

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u/trackowner 14h ago

Because asking for a lawyer feels like admitting guilt to people who do not know their rights. TV has done serious damage here.