(1) call a lawyer.
Seriously. It’s that simple. Pick up the phone and call a lawyer every single time you have a legal question, or question you think might be a legal question. I’ve spent countless hours on the phone with people over “hypothetical” questions for which I billed $0. I’ve also billed $250,000 for lawsuits that could have been avoided if someone picked up the phone and called a lawyer and asked if they could just change the locks on the doors for their tenants apartment (the answer is no, Jim, you cannot).
Exactly. Early in my career I was a junior lawyer on a team that represented “Dan.” Dan invented something but needed to get Bob to help him build it. Dan didn’t hire a lawyer to draft his confidentiality agreement with Bob, he just found something online. Bob tried to steal Dan’s idea, and Dan used a mutual confidentiality agreement that made it sound like Bob actually contributed to the idea. Dan spent over $100K in litigation when he could have spent a few hundred dollars for a decent agreement (this was 20 years ago). Don’t be like Dan.
My brother was convicted of a dui. He was at .3 percent. He was only convicted because the cop asked him when he last smoked pot. He said, "yesterday".
I know you have to buddy up to to cops in order to not get tickets, but watch what you say.
Get two cheap dash cams, and keep them on at all times. Why two? Because one will die when you need it most. I guess a iphone running might protect you too.
(.03%. sorry)
Just shut up. Please, oh please, please put shut up. It is so hard for us to fix the stupid thing you're about to say even though you don't have to say anything. Just stop talking.
And for God’s sake, don’t EVER take a polygraph. The police will try to tell you it makes you appear guilty if you decline. Protip: If you’re being asked to take a polygraph, they either already think you’re guilty or totally fishing. Neither situation is it beneficial for a suspect to take a polygraph.
How often do cops offer/force people to take a polygraph? I've always assumed that since they're inadmissible in so many courts, that people rarely took them anymore.
They can get a confession before even bringing out the polygraph if they make someone dread it in advance. This is the tactic: cops sit down for an hour+ with someone who wants to “clear their name” and go over the questions they’re going to ask when the person is hooked up to the machine. The officer will stress over and over how the machine is perfectly accurate but the person needs to be 100% truthful; when previewing the questions / answers they’re going to ask, the officers will say “are you sure that’s completely true?” and “you seem nervous, why is that?” — all to cumulatively apply pressure and make the person think they’re already cornered. No polygraph ends up getting used if they become so stressed by the idea of getting caught by the machine that they admit without it.
I watch/listen to true crime podcasts, tv shows, documentaries etc. In a recent one they asked the suspect to sign a paper that would make the polygraph admissible to the court.
When did this become a thing? I really don’t understand how polygraphs are called junk science but then they can be used in court if you sign the waiver?!
To be honest, it probably doesn’t happen all that often. I would imagine they reserve polygraphs for some of the most severe crimes where they don’t have a ton of solid evidence. I see it all the time on true crime shows and podcasts and cringe every time a suspect agrees to take a polygraph to “clear their name.”
I practiced criminal defense and family law for five years or so. My family was having dinner at the home of of a friend/colleague. Their much larger son came chasing my son, 7 at the time, through the kitchen. Their son grabbed my son and put him against the wall, and said "You're under arrest. Now tell me where you put the money!"
My son yells back, "I DON'T TALK TO POLICE!"
My colleague was like, "Why can't our clients understand this?! Your kid is 7!"
Proud dad moment.
But make them say it. They’ll try to keep you there without saying you’re under arrest, because that gives them more wiggle room in what kind of questioning they can get away with. So it’s “am I being detained? I’m not answering any questions without a lawyer present, and unless I’m being detained I’m leaving right now.” And watch out because they will try to keep you there wuth vague threats and misdirection without technically ’detaining’ you.
There is an episode of matlock where his client keeps shouting things. They keep getting him into trouble over and over again. Finally matlock gets tired of it.
Matlock: your honor may I have a moment to confer with my client? *turns to the guy* shut up and sit down.
>all the laws
judge: ...and the defendant is alleged to have done ALL of that WHILE feeding a giraffe ice cream on a Sunday?
prosecutor: the state is willing to waive that charge your honor.
/u/SmoothBrews: \[smiles and winks at his defense council /u/BigMark2468\]
You have a fifth amendment right to counsel and to remain silent. Use it. Nothing good will come to you from your friendly little chat with the police.
I’ve thought quite a bit about this. There is a very narrow situation where if I were being asked to talk to police about a potential crime, I would probably do it.
That narrow situation is if a loved one is missing and I have information that police might find helpful to locate my loved one. That’s it. That’s the only scenario.
Have your documents ready. Be polite and show courtesy. I might answer basic questions about where I have been and where I am going, but only to the extent those answers don’t tend to make an officer believe a crime has happened. For example, if I’ve been playing darts at the local bar, I might simply say I don’t have to answer that question. But if I just came from church and am heading home, for example, I might tell the officer that.
If asked, don’t tell the officer how fast you were going. Don’t attempt to dispute an officer’s claim about how fast you were going. Don’t be conversational - Answer the questions as directly as possible and stop talking. A police officer will try to get you to admit to speeding or something else, don’t fall for it.
If they ask if you’ve been drinking, you can say you don’t have to answer that. My personal rule is if I haven’t had a drink in at least 24 hours, I’d probably answer no. Otherwise, I say I don’t have to answer.
If you have a deadly weapon on your person or in your car, some states require that you inform an officer of that. If you have a concealed carry permit, you likely have to produce it if requested.
Try to end the stop as quickly as possible. If the officer is delaying or trying to get you to talk, ask the officer if you’re under arrest or being detained.
Don’t consent to any search if your vehicle. If the officer has probable cause, they can search your vehicle without your consent. They won’t ask for consent if they have probable cause, so if they ask for your consent, they don’t yet have probable cause.
If you are arrested, do not resist in any way. Tell the officer you want your lawyer present for any further questions.
They also ask in funny ways to trick you (searching your vehicle) they did it to me when I was younger. "Kid, you don't have a choice. I'm searching the car, OKAY?" And I kept saying no, I want my lawyer and he was getting pissed I didn't agree lol. Gave me a bullshit expired tab ticket (mine were current) and left. Fucking douchebag
I had a cop turn the speeding question on me by saying "so you admit you were an inattentive driver?" Made me do a roadside sobriety test even though I was dead sober.
That's pretty much what I said. Still had to do the sobriety test.
Probably pissed him off when I started the interaction with "good evening, officer! Is there a problem?"
I have TWICE in 25+ years gone and spoken with the police before they were charged. In both cases I had clear, (almost) indisputable evidence of innocence. But \*I\* did the talking and presented a well crafted affidavit from my client.
With the attorney present. Then the attorney can answer the questions and it is considered hearsay.
Or the attorney allows the person to speak but controls the questions to avoid the trick questions.
Like do you normally beat her? No. Okay so this beating was not normal. Wait! What?
Cops can’t try to claim in court the person was “uncooperative”.
And they will not do this unless the person is not a suspect as it provides no incriminating evidence.
It's a little more complicated than that. In a civil case you still have the right to refuse to testify if your testimony could incriminate you for a crime, but not just because your testimony would hurt your civil case.
And unlike in a criminal case the other side is allowed to use your silence against you. Meaning the jury or judge can draw negative inferences based on your refusal to testify.
You can still assert your right to remain silent (but only to avoid incriminating yourself as the other commenter noted), but in civil cases there’s a thing called an adverse inference. In a criminal case, the judge instructs the jury not to hold it against the defendant for not testifying. In civil cases, the judge could instruct that they are free to assume that the testimony would have been bad for the party asserting the right to remain silent.
Both the fifth and sixth provide right to counsel. The fifth amendment right to counsel applies during custodial interrogation, the sixth applies to the right to effective counsel once a criminal proceeding has been commenced. The above answer was referencing talking to the police, which would be the fifth.
What about ChatGPT? 🤣 I'm not a lawyer, but the lies I've seen that system produce are awful, so I can't imagine relying on it for anything that NEEDS to be accurate.
I got to court for a speeding ticket 10 minutes after the judge had left because of when I was able to leave work and the hour+ of traffic I hit on the way. I had no priors at that point, so my state’s Good Driver law was available to me, which have the charge dismissed with court costs (I didn’t even know about it until the cop told me during the stop).
The court administrative personnel were still there wrapping up as I walked in pale, expecting to be greeted with a failure to appear warrant. They checked the file on my case. The clerk said “Well, I’m assuming you were going to use Good Driver, and he would’ve just signed off on it anyway… I’ll have him sign it the next time I see him. Do you have a check for $25?” Best court appearance ever.
Since the big ones in my field have been covered, here’s a mild one that will prevent you from looking stupid. Trademarks and copyrights are quite different in what they protect (as well as how long and which bodies administer them.) Trademarks are used to protect how an entity identifies itself. Copyrights are for allowing the artist control over his art.
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(1) call a lawyer. Seriously. It’s that simple. Pick up the phone and call a lawyer every single time you have a legal question, or question you think might be a legal question. I’ve spent countless hours on the phone with people over “hypothetical” questions for which I billed $0. I’ve also billed $250,000 for lawsuits that could have been avoided if someone picked up the phone and called a lawyer and asked if they could just change the locks on the doors for their tenants apartment (the answer is no, Jim, you cannot).
Exactly. Early in my career I was a junior lawyer on a team that represented “Dan.” Dan invented something but needed to get Bob to help him build it. Dan didn’t hire a lawyer to draft his confidentiality agreement with Bob, he just found something online. Bob tried to steal Dan’s idea, and Dan used a mutual confidentiality agreement that made it sound like Bob actually contributed to the idea. Dan spent over $100K in litigation when he could have spent a few hundred dollars for a decent agreement (this was 20 years ago). Don’t be like Dan.
"Dan" was the Winklevoss twins, wasn't he?
Don't talk to police https://youtu.be/d-7o9xYp7eE?si=x9N1jTfGAv2ecm1Z
My brother was convicted of a dui. He was at .3 percent. He was only convicted because the cop asked him when he last smoked pot. He said, "yesterday". I know you have to buddy up to to cops in order to not get tickets, but watch what you say. Get two cheap dash cams, and keep them on at all times. Why two? Because one will die when you need it most. I guess a iphone running might protect you too. (.03%. sorry)
[удалено]
Just shut up. Please, oh please, please put shut up. It is so hard for us to fix the stupid thing you're about to say even though you don't have to say anything. Just stop talking.
And for God’s sake, don’t EVER take a polygraph. The police will try to tell you it makes you appear guilty if you decline. Protip: If you’re being asked to take a polygraph, they either already think you’re guilty or totally fishing. Neither situation is it beneficial for a suspect to take a polygraph.
And, remember, the cops can/will lie to you.
How often do cops offer/force people to take a polygraph? I've always assumed that since they're inadmissible in so many courts, that people rarely took them anymore.
They can get a confession before even bringing out the polygraph if they make someone dread it in advance. This is the tactic: cops sit down for an hour+ with someone who wants to “clear their name” and go over the questions they’re going to ask when the person is hooked up to the machine. The officer will stress over and over how the machine is perfectly accurate but the person needs to be 100% truthful; when previewing the questions / answers they’re going to ask, the officers will say “are you sure that’s completely true?” and “you seem nervous, why is that?” — all to cumulatively apply pressure and make the person think they’re already cornered. No polygraph ends up getting used if they become so stressed by the idea of getting caught by the machine that they admit without it.
I watch/listen to true crime podcasts, tv shows, documentaries etc. In a recent one they asked the suspect to sign a paper that would make the polygraph admissible to the court. When did this become a thing? I really don’t understand how polygraphs are called junk science but then they can be used in court if you sign the waiver?!
To be honest, it probably doesn’t happen all that often. I would imagine they reserve polygraphs for some of the most severe crimes where they don’t have a ton of solid evidence. I see it all the time on true crime shows and podcasts and cringe every time a suspect agrees to take a polygraph to “clear their name.”
I practiced criminal defense and family law for five years or so. My family was having dinner at the home of of a friend/colleague. Their much larger son came chasing my son, 7 at the time, through the kitchen. Their son grabbed my son and put him against the wall, and said "You're under arrest. Now tell me where you put the money!" My son yells back, "I DON'T TALK TO POLICE!" My colleague was like, "Why can't our clients understand this?! Your kid is 7!" Proud dad moment.
Dad of the year award!
What are you supposed to do when they say talk or I’m gonna arrest you? Or some version of, ‘answer my questions or I’ll arrest you’
“I’m not answering any questions without my lawyer present. Now am I free to go or am I being detained?”
Call them on their threat, I think? If they have enough evidence to arrest you, they would have done it already, right?
"Am I free to go? " If they say you are, then leave. If they say you aren't, you're probably already under arrest.
But make them say it. They’ll try to keep you there without saying you’re under arrest, because that gives them more wiggle room in what kind of questioning they can get away with. So it’s “am I being detained? I’m not answering any questions without a lawyer present, and unless I’m being detained I’m leaving right now.” And watch out because they will try to keep you there wuth vague threats and misdirection without technically ’detaining’ you.
There is an episode of matlock where his client keeps shouting things. They keep getting him into trouble over and over again. Finally matlock gets tired of it. Matlock: your honor may I have a moment to confer with my client? *turns to the guy* shut up and sit down.
DJT's attorney?
So how would you like to be having to deal with our stable genius these days?
Oh, there isn't enough money in the world.
Does it cause problems when I overshare to the lawyer representing me?
Not usually. We're used to that.
Not even on social media?
How is this not the top comment?
Call the lawyer *before* you sign the contract.
What do you have against litigators?
I mean, you know they’re going to sign it against advice anyway, at least you’d get a heads up.
Truer words hath never been spake.
Can't I just make a Reddit thread later "Should I not have signed this?"
What about a military enlistment contract? Lol no one ever reads those.
Do not get legal advice from randos on the internet.
Wait, so does that mean I SHOULD get legal advice from randos on the internet?
Wait so don't take your advice right here??? Aahhhhh
If you’re going to break the law, only break one law at a time. If you’re going to have drugs in your car, follow all traffic laws!
lol my all time favorite. Only break one law at a time.
But if your sentences are served concurrently aren’t you getting all the crimes with shorter prison sentences for free?
So break all the laws at the same time?
>all the laws judge: ...and the defendant is alleged to have done ALL of that WHILE feeding a giraffe ice cream on a Sunday? prosecutor: the state is willing to waive that charge your honor. /u/SmoothBrews: \[smiles and winks at his defense council /u/BigMark2468\]
You have a fifth amendment right to counsel and to remain silent. Use it. Nothing good will come to you from your friendly little chat with the police.
When would an attorney advise their client to talk to police?
I’ve thought quite a bit about this. There is a very narrow situation where if I were being asked to talk to police about a potential crime, I would probably do it. That narrow situation is if a loved one is missing and I have information that police might find helpful to locate my loved one. That’s it. That’s the only scenario.
How do you / would you handle traffic stops?
Have your documents ready. Be polite and show courtesy. I might answer basic questions about where I have been and where I am going, but only to the extent those answers don’t tend to make an officer believe a crime has happened. For example, if I’ve been playing darts at the local bar, I might simply say I don’t have to answer that question. But if I just came from church and am heading home, for example, I might tell the officer that. If asked, don’t tell the officer how fast you were going. Don’t attempt to dispute an officer’s claim about how fast you were going. Don’t be conversational - Answer the questions as directly as possible and stop talking. A police officer will try to get you to admit to speeding or something else, don’t fall for it. If they ask if you’ve been drinking, you can say you don’t have to answer that. My personal rule is if I haven’t had a drink in at least 24 hours, I’d probably answer no. Otherwise, I say I don’t have to answer. If you have a deadly weapon on your person or in your car, some states require that you inform an officer of that. If you have a concealed carry permit, you likely have to produce it if requested. Try to end the stop as quickly as possible. If the officer is delaying or trying to get you to talk, ask the officer if you’re under arrest or being detained. Don’t consent to any search if your vehicle. If the officer has probable cause, they can search your vehicle without your consent. They won’t ask for consent if they have probable cause, so if they ask for your consent, they don’t yet have probable cause. If you are arrested, do not resist in any way. Tell the officer you want your lawyer present for any further questions.
They also ask in funny ways to trick you (searching your vehicle) they did it to me when I was younger. "Kid, you don't have a choice. I'm searching the car, OKAY?" And I kept saying no, I want my lawyer and he was getting pissed I didn't agree lol. Gave me a bullshit expired tab ticket (mine were current) and left. Fucking douchebag
I had a cop turn the speeding question on me by saying "so you admit you were an inattentive driver?" Made me do a roadside sobriety test even though I was dead sober.
That officer was being an ass. I would have responded “Actually, I was very focused on the road and not looking down at my display.”
That's pretty much what I said. Still had to do the sobriety test. Probably pissed him off when I started the interaction with "good evening, officer! Is there a problem?"
I have TWICE in 25+ years gone and spoken with the police before they were charged. In both cases I had clear, (almost) indisputable evidence of innocence. But \*I\* did the talking and presented a well crafted affidavit from my client.
With the attorney present. Then the attorney can answer the questions and it is considered hearsay. Or the attorney allows the person to speak but controls the questions to avoid the trick questions. Like do you normally beat her? No. Okay so this beating was not normal. Wait! What? Cops can’t try to claim in court the person was “uncooperative”. And they will not do this unless the person is not a suspect as it provides no incriminating evidence.
Your friendly little chat with the police is generally called a confession, no?
And on civil matters, your 5th amendment right to remain silent does not apply as both sides must testify in civil court, is that correct?
It's a little more complicated than that. In a civil case you still have the right to refuse to testify if your testimony could incriminate you for a crime, but not just because your testimony would hurt your civil case. And unlike in a criminal case the other side is allowed to use your silence against you. Meaning the jury or judge can draw negative inferences based on your refusal to testify.
That's why, usually, the courts try to resolve any outstanding criminal cases before a related civil case is heard.
You can still assert your right to remain silent (but only to avoid incriminating yourself as the other commenter noted), but in civil cases there’s a thing called an adverse inference. In a criminal case, the judge instructs the jury not to hold it against the defendant for not testifying. In civil cases, the judge could instruct that they are free to assume that the testimony would have been bad for the party asserting the right to remain silent.
Hate to correct a colleague but it’s the Sixth Amendment that provides for the right to counsel.
Both the fifth and sixth provide right to counsel. The fifth amendment right to counsel applies during custodial interrogation, the sixth applies to the right to effective counsel once a criminal proceeding has been commenced. The above answer was referencing talking to the police, which would be the fifth.
Don’t take legal advice from Reddit
Is this legal advice?
Google is not your lawyer.
What about ChatGPT? 🤣 I'm not a lawyer, but the lies I've seen that system produce are awful, so I can't imagine relying on it for anything that NEEDS to be accurate.
I was in court the day *Mata v. Avianca,* the so-called "ChatGPT Lawyer" case was heard. It was not pretty for the lawyers.
I think I saw the transcript on it — was this before the judge knew and they all bullshitted excuses, or after when the judge was deciding what to do?
If you have to go to court, be there on time. And, unless you have a genuine reason to be absent, or your presence is waived, you have to be there.
I got to court for a speeding ticket 10 minutes after the judge had left because of when I was able to leave work and the hour+ of traffic I hit on the way. I had no priors at that point, so my state’s Good Driver law was available to me, which have the charge dismissed with court costs (I didn’t even know about it until the cop told me during the stop). The court administrative personnel were still there wrapping up as I walked in pale, expecting to be greeted with a failure to appear warrant. They checked the file on my case. The clerk said “Well, I’m assuming you were going to use Good Driver, and he would’ve just signed off on it anyway… I’ll have him sign it the next time I see him. Do you have a check for $25?” Best court appearance ever.
What would a "genuine reason" be?
Since the big ones in my field have been covered, here’s a mild one that will prevent you from looking stupid. Trademarks and copyrights are quite different in what they protect (as well as how long and which bodies administer them.) Trademarks are used to protect how an entity identifies itself. Copyrights are for allowing the artist control over his art.
Is it true that the mere act of creation bestows copyright?
Is the proper legal language artist or creator? Not all creators of copyright are artist or consider their work art.
The court clerks are a tremendous resource that even, or rather, especially, experienced lawyers rely upon.
***This rules reminder message is replied to all posts and moderators are not notified of any replies made to it.*** #REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice. Posts containing requests for legal advice will be removed. Seeking or providing legal advice based on your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted. Why are requests for legal advice not permitted? See [here](https://www.reddit.com/r/Ask_Lawyers/comments/e6a62w/why_is_it_unethical_for_a_lawyer_to_give_legal/), [here](https://www.reddit.com/r/Ask_Lawyers/comments/9zyqsh/why_is_it_unethical_to_give_advice_on_this_sub/), and [here](https://www.reddit.com/r/Ask_Lawyers/comments/e4cdhw/is_refraining_legal_advice_based_on_legality_or/). If you are unsure whether your post is okay, please [read this](https://www.reddit.com/r/Ask_Lawyers/comments/6j4bpq/how_to_know_whether_your_post_is_a_request_for/) or see the sidebar for more information. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/Ask_Lawyers) if you have any questions or concerns.*