I'm not American and I have a question. Everybody in this thread repeats to "never talk to law enforcement without your lawyer present". I don't have a lawyer. I don't know a lawyer. I've hardly ever even talked to a lawyer. If I were in the USA and I'd get picked up for questioning, I wouldn't know who to call.
Does every American "have a lawyer"? Do you know their phone number by heart? Is having a lawyer like having a health insurance, in that you could do without but it'd be pretty stupid? Isn't that a suffocating thought? How do you deal with it?
No, I think that most Americans don't have a lawyer on call.
The typical advice I have heard is to do a little research on lawyers in your city, and have a phone number of a reputable lawyer (or a few) in your wallet in case of a potentially severe legal situation. When you call them and establish a relationship where you are paying for their services they become "your lawyer".
IANAL, but I believe that in this case the disclaimer is just a courtesy. That is, before one makes a life-altering decision, one should consult a real attorney, not just us morons on HN.
If you don't include it when discussing any vaguely law-related matter, Internet Tough Guys will be quick to call you out for "practicing law without a license". [1]
If you are a lawyer, you need to make clear that something you say isn't "legal advice" because you can otherwise be held accountable for it.
I think the "IANAL" disclaimer is just a step beyond that so non-lawyers can't be mistaken for acting as lawyers giving out legal advice (not sure what liabilities that would entail).
The disclaimer is just a way to say "this is a complex subject; things might be different in your situation; get real legal advice". A lawyer would use something "I am not your lawyer" or "I am not a lawyer in your jurisdiction".
No, most people I know don't have an actual lawyer they know already. "don't talk without your lawyer" means to get a lawyer representing you before you talk. It isn't meant to imply that you must have one to begin with.
So how do you google for an appropriate lawyer when in custody and you only get one phone call? Not cynical, I really wonder. I guess the exact same problem exists where I live (the Netherlands).
"So — you have a name. Either it's the name of someone who has been recommended to you, and they are expecting your call, or it's someone who was on the first page of Google results for +oh +shit +need +lawyer +Pismo Beach +dwarf +public +indecency +hedge-clippers or something.
There's no "gotcha" where you have to find a lawyer under certain constraints or they get to question you without one.
You have the right to legal counsel. That means they have to let you do what you need to do to find a lawyer, or provide you with one. They can't just say, "sorry, time's up, now we go question you anyway." They could in theory detain you for a while longer without a lawyer, but they couldn't continue to question you.
In the Netherlands, you don't 'get one phone call'. You have (since very recently, and only in some cases) the right to talk to 'a' lawyer before you are questioned. Hence, either the police provides you with one if you don't know who you'd like, or the questioning has to wait until your lawyer is present (bar some limits like withing x time, I don't know the procedural rules by heart - how things are actually applied also varies by area).
The whole "you get exactly one phone call" is largely a movie trope used for dramatic effect. The exact number of phone calls you get is very much dependent on where you got arrested, what you got arrested for and even the mood of the person in charge. But basically you'll generally be allowed to (eventually) make the number of calls necessary to either get a hold of your lawyer or get a hold of someone who can find and call a lawyer for you.
In Germany, in many cities and towns, local attorney associations provide emergency phone numbers. The provide free legal advice on the phone and provide you with a free attorney for the duration emergency (e.g. while a search warrant is executed).
Intrestingly, I just noticed that I have the number stored in my cell phone (since before I had a smart phone). That may not be the smartest way to do it.
Another German here. I have legal insurance. Comes with a card for your wallet listing a 24 hrs hotline that puts you in touch with a lawyer (for free) within seconds.
I've actually made use of it several times to get a professional opinion on difficult situations.
I believe every single EU country will have public lawyers that you can talk to while arrested. It might take a few hours to get one summoned,but you definitely can. Obviously this is not an option when you are being interviewed by the police on the street.
The "don't talk to the police without a lawyer" thing is a meme that is pretty overblown. It doesn't hold for stuff like getting a minor speeding ticket, being a witness to a crime that clearly you aren't involved in, the cop just talking to see whats up (when you aren't otherwise committing crimes).
You really need a lawyer:
When the cops are interrogating you
When you are a suspect or it looks like you may be one. If your wife winds up dead, you are a suspect. If money at work goes missing and you had access, you are a suspect. But if you just happen to see a random kid get hit my a car, you can talk to the police without a lawyer.
When you actually committed a crime.
Or if you are were involved in some accident, dispute, whatever and there might be a lawsuit.
But, IMO, if you try to lawyer up at a traffic stop (when you aren't committing real crimes), when a cop asks how you are doing in a park, or when you are clearly a third party witness; then you'll probably just cause yourself more grief by asking for the lawyer.
Lawyers are expensive, you make yourself suspicious, and you might cause the cops to detain you longer.
If you ask for a lawyer and don't have one, (I THINK) they're obligated to either get you one (public defenders are free) or wait for your lawyer to arrive before interrogating you. You can refuse to answer police questions, and theoretically nothing bad happens to you (though they get to keep holding you until the lawyer arrives).
most American's have no lawyer to call. the expression "don't talk to police without your lawyer present" should be extrapolated to mean all of the following:
if the police want to question you, say no. if the police serve you with a warrant and detain you for questioning, exercise your 5th amendment right (the right to remain silent, so as to avoid self-incrimination). the only thing you should say to a police officer when you are being questioned is that you will not answer any questions until you have consulted legal council. if you do not have legal council available you may request a public defender (another legal right of citizens). if you have the means to hire a private attorney instead, its probably better to do that. only a lawyer who is professionally obligated to represent you can give you good legal advice about what you should and should not say to the police.
Does every American "have a lawyer"? Do you know their phone number by heart? Is having a lawyer like having a health insurance, in that you could do without but it'd be pretty stupid? Isn't that a suffocating thought? How do you deal with it?