So I have a hypothetical law-abiding client who had an issue related to a firearm for which he was contacted by a detective to come in and talk about it.
Did he retain counsel then? NO.
Did he appear with an attorney? NO.
Did he make a statement that is likely going to incriminate the heck out of him? Why YES, yes he did.
Did the statement cause other immediate ill effects? YES, yes it did.
You see, part of this matter involved a vehicle and a firearm.
He works for an employer with a strict no guns policy on the premises.
This includes parking lots. Note well that Michigan lacks any laws protecting law-abiding carriers having their gun locked in their cars while at work from being terminated.
In his statement to police he noted he began his journey before the incident at his employer's parking lot with the gun in the vehicle.
The real dick move in this is the detective contacted the employer and told the employer the fellow had a gun in the vehicle in the parking lot. This had nothing to do with the incident in question which happened miles and miles away from the employer's workplace. He has a squeaky-clean record both at work and in life without even a speeding ticket.
The employer immediately terminated the client for violating the no weapons policy.
Remember folks, if you receive a call from the police asking you to immediately come down to talk with them the response is not "I'll be right there". The proper response is "I'll be right there after I've contacted my lawyer and we'll let you know as soon as we can come in to talk with you and we intend to cooperate fully as soon as that can be arranged."
You need to understand that when police call you in for a friendly chat it's not because they're lonely and want to make a new friend. Instead, they're trying to make a case and if they've zeroed in on you, rightly or wrongly, as the suspect rather than the victim in the incident you need a lawyer and you need to shut up until you get one.
8 comments:
By walking in at the request of the police, did your client also unwittingly waive his Miranda rights?
By walking in at the request of the police, did your client also unwittingly waive his Miranda rights?
I have no idea why that posted twice. I clicked only once
Knucklehead: He was never under arrest and made the statement voluntarily and was free to leave at any time, so he almost undoubtedly waived any Miranda rights he may have had if they even kicked in at all which under the circumstances is doubtful. Haven't confirmed it with him yet, but he likely also affirmatively waived them as well and he gave a very, very voluntary statement.
Unfortunately, he went in thinking he did nothing wrong and was the victim of the incident and had nothing to hide, and so far it seems like he succeeded in talking himself into trouble.
Which would be why my first call would be to ML and involve the words "Get me a lawyer!"
Knucklehead: Miranda doesn't apply until you are in custody or otherwise made to feel that you cannot leave.
Disclaimer: I dind't sleep at a Holiday Inn but I am a recovering lawyer.
ML: Well and succinctly put.
God bless Alabama.
We have that nifty new law, just kicked in last year, where employers must allow licensed holders to leave their gat in their vehicle at work.
...and fried pickles.
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