why do the first 48 suspects never ask for a lawyer

by Xavier Dare 3 min read

Because they think that if they ask for a lawyer, the police will think they are guilty. This is not true. It is ALWAYS smart to ask for a lawyer.

Full Answer

What happens if you get caught on the first 48?

Investigators who appear on the First 48 consistently imply that they have found their murderer at the end of each episode, even though every suspect is legally innocent until proven guilty. An appearance on the First 48 may not mean a prison sentence, but it can still make for a lifetime of social stigma.

Can a suspect ask to speak to a lawyer?

Once a suspect asks to speak to a lawyer that is an unequivocal invocation of their 5th and 6th Amendment rights. And it must be respected.

Should I ask the police for an attorney during an interrogation?

And it must be respected. If you are arrested, ask for an attorney, and the police ignore your request and keep interrogating you, can that situation be leveraged, or should you keep asking for an attorney and refuse to say anything else (assume the conversation is recorded)? Under Miranda v.

What information was disregarded in the first 48 ­­­­ in the narrator?

This information, however, was disregarded in The First 48 ­­­, in which the narrator growls, "The man the witness says the victims had argued with is named Taiwan."

image

What is the first 48?

Close behind was a camera crew filming an episode of The First 48, one of television's most-watched reality crime programs. The A&E show hinges on the premise that detectives have 48 hours to solve a murder before the trail goes cold.

How long was a man locked up for murder?

In Houston, another man was locked up for three years after cops wrongfully accused him of murder within the first 48 hours. And in Miami, according to a New Times examination of court records, at least 15 men have walked free of murder charges spawned under the program's glare.

How old is Ciara Armbrister?

But in this Miami neighborhood, where nearly one in 60 is a victim of violent crime, you don't mess with someone else's business. So when a curvaceous 18-year-old woman named Ciara Armbrister ducked out of her one-bedroom apartment just minutes after hearing multiple gunshots, she wasn't worried.

How old was Arsenio Carter in Smart's stockade?

Within the stockade are sprawling cells that house dozens of men at a time, and inside Smart's, a new inmate named Arsenio Carter had just arrived. Twenty-one-year-old Carter was nearly as tall as Smart and possessed black, serious eyes lost among a wild tangle of dreadlocks.

What did Rivera's wife say to the police?

Rivera's wife, Wanda Fernandez, pulled out a chair for the restive youth. The couple, who didn't have a phone, told him to slow down, take it one step at a time.

Who asked Sanchez for harder proof linking Smart to the murders?

But days later at Smart's probable-cause hearing, when Miami-Dade Circuit Judge Jorge Cueto asked for harder proof linking Smart to the murders, Sanchez perpetuated the injustice. The detective, wearing a dark-red button-down and a darker expression, first misrepresented witness Armbrister's interview.

Who taunted Smart?

Carter asked Smart, according to court records filed in Smart's defense. From that moment, a tension grew between the two young men. Carter allegedly taunted Smart in front of other inmates and derided him behind his back. On January 11, Carter took aside inmate Earnest Evans, 20, whom he knew from the outside.

Why do you need a lawyer when you are questioned?

5 Reasons to Ask for a Lawyer when questioned by Law Enforcement. If you are in the military, the military police (or other law enforcement personnel) have to tell you what crime you are suspected of before they question you. They also have to tell you that you have a right to remain silent. And they have to tell you that anything you say can be ...

Why don't you talk to the police?

Do not talk to the police. 2. Because they think that if they ask for a lawyer, the police will think they are guilty. This is not true. It is ALWAYS smart to ask for a lawyer. 3. Because they want to tell their story. Don’t tell your story to the police. After you speak to your lawyer, you can talk about how to tell your story.

Why do police want to talk to you?

They want to talk to you because they have some evidence that you committed a crime. It could be a statement from someone who believes they saw you commit a crime. Or it could be a statement by one witness who lied to the police to get you in trouble.

Did the police officer tell you the weapon used was a gun?

At trial, the police officer testifies that he had never told you that the weapon used was a gun. The police wonder why you mentioned a gun. But, you remember the first police officer who brought you in for questioning told you that the crime involved a gun.

Can you crucify a police officer if they don't recall your testimony?

Even if you are innocent and tell the truth and you don’t tell the police anything incriminating, there is still a chance that your answers can be used to crucify you if the police do not recall your testimony with 100% accu racy. Example : “I don’t know who killed John. I’ve never touched a gun in my life.”.

What happens if a judge finds you indigent?

If the judge found you to be indigent, he would appoint counsel for you. The judge, not the defendant, decides whether the defendant can afford to hire a lawyer. I've seen several cases where a defendant had resources, but didn't want to expend them on legal counsel.

Which amendment gives you the right to refuse to answer questions?

The first is your Sixth Amendment right to counsel; the second is your Fifth Amendment right to refuse to answer any questions. The Supreme Court has ruled that both rights must be clearly and unequivocally invoked in order for statements made later to be ruled inadmissible.

What happens if you invoke the 6th amendment?

If someone were to invoke their Sixth Amendment right to counsel, but then continue to answer questions from the police willingly, they would run the risk of the court finding a waiver of their Fifth Amendment rights. There are two separate rights that you want to invoke when asking for a lawyer.

Is a policeman your friend?

All of this adds up to one fact: generally speaking, the policeman is not your friend. Although they pretend to be, to get you to admit to things that you may or may not have done. Google "why you shouldn't talk to police" and watch the YouTube videos, especially the second one, a lecture by a cop.

Can you be released if you have enough evidence?

There may be a couple variations to these options but these are basically what would occur. The short answer is that you would most likely be released, unless they have enough evidence to charge you with a crime. Either way, informing them you want a lawyer and choosing not to talk is ALWAYS your best bet.

Can Miranda be used in a trial?

That doesn’t mean the case can’t proceed. Rather, it can and often does proceed, minus the statements.

Can a police officer interrogate a person in custody?

As far as Miranda itself goes, briefly, the rule is that before a police officer can interrogate a subject who is in custody, the subject must be advised of his Miranda rights. Note the two concepts: interrogation ( viz ., questioning) and custody.

How to get a good lawyer to take your case?

“If you want to improve your chances of securing the best lawyer to take your case, you need to prepare before you meet them,” advises attorney Stephen Babcock. “Get your story, facts, and proof together well before your first meeting.” This not only ensures that you understand your own needs, but it helps a good lawyer to ascertain whether he or she can actually help you. “We want the best clients too. Proving you’re organized and reliable helps us.”

Why is it important to approach a lawyer with honesty?

“ Winning cases can be lost because of a client who lies or exaggerates just as easily as because of a lawyer who tells the client what the client wants to hear instead of what is true.” So when dealing with attorneys, don’t just look for honesty—be honest.

Do you need a lawyer to write a demand letter?

On reading a demand letter, the other person will often say, “this isn’t worth the trouble” and they quickly settle. But here’s a secret from Knight: You don’t need a lawyer to write a demand letter. You can do it yourself. Just make it look as formal as possible, and you may find your dispute goes away—no charge to you.

Should a lawyer stay out of court?

In fact, a lawyer should try to stay out of court. “In my experience, a good lawyer always finds every opportunity to keep a case from being decided by a judge, and only relents on trying a case before the bench when all alternatives have been exhausted,” attorney, Jason Cruz says.

image