Democratic Underground Latest Greatest Lobby Journals Search Options Help Login
Google

useful info for anyone dealing with abusive cops

Printer-friendly format Printer-friendly format
Printer-friendly format Email this thread to a friend
Printer-friendly format Bookmark this thread
This topic is archived.
Home » Discuss » General Discussion Donate to DU
 
undergroundpanther Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-26-11 11:54 PM
Original message
useful info for anyone dealing with abusive cops
Printer Friendly | Permalink |  | Top
midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 12:04 AM
Response to Original message
1. Is this true: Within three hours of being arrested, you have a right to two free and complete phone
Edited on Thu Oct-27-11 12:05 AM by midnight
calls to legal counsel and to a bail bondsman.
Printer Friendly | Permalink |  | Top
 
ChoppinBroccoli Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 01:05 PM
Response to Reply #1
3. Depends On Your State, But...............
..........in ALL States, you have an absolute right to be represented by counsel and to have that counsel present during questioning. As soon as you invoke your right to counsel, the police MUST halt any questioning right then and there. Inherent in the right to be represented is the ability to have ACCESS to counsel, so the police DO have to give you access to a phone and a phone book in order to secure counsel. Now, logistical concerns, like whether there's a time limit, or a limit on the number of calls or whatever, may differ from State to State, town to town, or even police station to police station, but they ARE REQUIRED to give you access to a means of contacting an attorney.

If you're not able to contact an attorney or are unable to secure counsel for any reason, that doesn't mean you forfeit your rights. Simply make it clear that you will refuse to answer any questions without your attorney being present and the police should stop harassing you (as they are REQUIRED to do). Even though you have no attorney, you still have the right to remain silent. Exercise it.
Printer Friendly | Permalink |  | Top
 
Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 01:06 PM
Response to Reply #1
4. Varies by state.
There technically isn't any federal law requiring the police to provide you with a phone call, but the constitution does provide the right to counsel, and the police generally know better than to interfere with that right. There is NO equal right to call a bondsman.

From a federal perspective, if you're arrested and say "I want to call my mom/wife/husband/bondsman/priest/neighbor/whatever", the police can deny the request. If you say "I want to call my lawyer", they can still say no, but doing so dramatically reduces the odds of them actually convicting you of anything.

Many states DO have laws guaranteeing a prisoners right to a phone call. A quick Google showed that these can very quite a bit, state to state. In some it's a single call. In Texas and others it's two calls in two hours (to anyone). In California it's three calls in three hours (again, to anyone). In some states, calls to lawyers count in these numbers. In others, these calls are in ADDITION to your calls to a lawyer. That Google search also revealed that police often won't provide phone books though, and that calls to Information are usually counted as one of your calls. If you don't actually have a lawyer, finding one can be tricky with this limit hanging over your head. When you say "I want to call my lawyer", you'd better have some sort of answer when the police officer responds with, "Fine, we'll get him right on the phone for you. What's his name or telephone number?"
Printer Friendly | Permalink |  | Top
 
truedelphi Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 12:40 PM
Response to Original message
2. Thanks for links on how to help yourelf when going to these protests.
This information could save somebody's life.

Printer Friendly | Permalink |  | Top
 
DU AdBot (1000+ posts) Click to send private message to this author Click to view 
this author's profile Click to add 
this author to your buddy list Click to add 
this author to your Ignore list Thu May 02nd 2024, 11:42 AM
Response to Original message
Advertisements [?]
 Top

Home » Discuss » General Discussion Donate to DU

Powered by DCForum+ Version 1.1 Copyright 1997-2002 DCScripts.com
Software has been extensively modified by the DU administrators


Important Notices: By participating on this discussion board, visitors agree to abide by the rules outlined on our Rules page. Messages posted on the Democratic Underground Discussion Forums are the opinions of the individuals who post them, and do not necessarily represent the opinions of Democratic Underground, LLC.

Home  |  Discussion Forums  |  Journals |  Store  |  Donate

About DU  |  Contact Us  |  Privacy Policy

Got a message for Democratic Underground? Click here to send us a message.

© 2001 - 2011 Democratic Underground, LLC