On more than a few cop shows, at some point, the aressted man's lawyer shows up at the police Dept. And proceeds to tell the police where and when they may question his client.

Then that usually is followed up with the lawyer saying either release my client or charge him.

Does that ever happen?

A suspect can invoke his right to an attorney.

An attorney has no right to a client to invoke.

I've seen lawyers try it, and bluff hard, but unless the suspect says he wants his attorney they can be politely told where to wait.

On the other hand, a suspect or his attorney (once invoked) can absolutely demand to end an interview.

Scenario 1: On more than a few cop shows, at some point, the aressted man's lawyer shows up at the police Dept. And proceeds to tell the police where and when they may question his client.

Scenario 2: Then that usually is followed up with the lawyer saying either release my client or charge him.

Does that ever happen?

Scenario 1: Yes, if the client is arrested or detained and IF the client asks to see an attorney and IF the police give the attorney access to the client. But ONLY if the client asks, and once asked for, the police can/should just stop talking to the client. They only have to give the client access to the atttorney under some limited circumstances.

As to Scenario 2 - I guess so but it generally doesn't work out like that in practice. Most of the time, by the time this conversation would be taking place those issues would already have been worked out. I NEVER would let my client talk to the police without that conversation already and knowing what was going to happen at the end of the interview. If there was ANY doubt, my client wouldn't be talking and would either be charged and we'll deal it that, or would be walking out without saying anything.

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Then that usually is followed up with the lawyer saying either release my client or charge him

This, for me, is the fake part.

Yes, the subject of an interrogation or interview can end it at any time... as can the lawyer if present.

However, once the subject invokes his right to a lawyer the interview ends anyway. You don’t keep talking to them until the lawyer shows up... and the lawyer doesn’t just show up on his own. If one did, and said “I’m so and so’s attorney of record...”. We’d tell them to have a seat until so and do asks for you...

...but more than that I have NEVER questioned somebody in custody that I wasn’t going to charge anyway. The in custody interview is just making the case I already have better.

There may be some high level case stuff where a known suspect agrees to answer questions with his lawyer present, but that’s big cases and fairly rare.

I may briefly detain someone at a scene just so they don’t run off while I’m figuring out what’s going on but actual in custody post “you’re under arrest” questioning is rare for me. I try really hard to get everything I need before that.

If I’m questioning you in custody, and I’ve read you your rights, and you tell me that you want a lawyer before you talk to me, fine... you’re going down to the jail anyway, you can call your lawyer from there.

...and taking someone to the police station to question I’ve done exactly twice. One a juvenile I was planning to release yo his parents anyway, and another a heroin DUI who refused blood test but agreed to write a statement. The video of him falling asleep while writing, three times, will be comedy gold for the jury.

...but no. Trials are not like what you see on TV, lawyers don’t lounge on the jury box or harangue witnesses. Interviews/interrogations aren’t like what you see on TV.

Lots of my arrestees would say "I want to call my lawyer"!
I would say "good luck with that"!
And look at my watch: 3:30 AM.
And.... Arrestee gets connected.... To an answering machine.
Not once, not ever, did a lawyer show up while I was processing or interviewing a prisoner.
Even during business hours.

99% of the people we arrest don't have lawyers on retainer.

we grabbed a guy last week because we were chasing him through the woods. we could never place him at the house or window, just we got a call of a peeper and when we get in the area he starts running from us the second he saw us.

we scooped him up, tossed him in a cell (it's 11pm). we don't charge him and the detectives come in at 8 and interview him and he's released around 10. not once did he ask for a lawyer and he answered most questions. think he was just happy he didn't get bit by the dog.

funny thing is no more peeper calls lately.

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and IF the police give the attorney access to the client.

That's the other thing. Once somebody is in custody they don't talk to anyone unmonitored. Leaving the prisoner with his lawyer in an unmonitored room to talk doesn't happen.

Defense attorneys frequently aid, abbett or outright engage in illegal activity with their clients. Recording attorney client conversations is both legal and common to detect such collusion. Once evidence of the attorney engaging in criminal activity is obtained attorney client privilege is void and the recordings become evidence.

The show "The Closer" actually showed this really well... they would leave suspect and lawyer in a monitored room, all go to another room and watch what they talked about.

If the guy is Mob connected, the attorney does show up. Generally speaking most folks do not have lawyers on retainer. It does make for good TV when the lawyer shows up and pushes the cops around.

I had a public defender who absolutely hated me and drafted a letter to the Sheriff stating that he was the attorney of record for anyone I arrested or attempted to interview, and that I was not permitted to question them. That Sheriff and I didn't get along real well, but I recall him laughing as he crumpled the letter up and threw it in the trash can.

I had a DWI arrestee who called a sitting judge to come be his witness to the testing procedures. They were both masons. Judge showed up at three in the morning, told his friend “I’m a sitting judge, in this county and I will not say anything to you about this, but I will watch the process”.

Dude blew three times the limit and took him to the magistrate, magistrate asked the judge if he would be responsible for the drunk until he sobered up and the judge declined.

Case went o court, where driver pled guilty in open court and took his lump.

It was the only time I ever saw an attorney show up for anything after hours.

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Originally posted by tanksoldier:

That's the other thing. Once somebody is in custody they don't talk to anyone unmonitored. Leaving the prisoner with his lawyer in an unmonitored room to talk doesn't happen.

Not necessarily. My state has a statute that requires it:

804.20 Communications by arrested persons.
Any peace officer or other person having custody of any person arrested or restrained of the person’s liberty for any reason whatever, shall permit that person, without unnecessary delay after arrival at the place of detention, to call, consult, and see a member of the person’s family or an attorney of the person’s choice, or both. Such person shall be permitted to make a reasonable number of telephone calls as may be required to secure an attorney. If a call is made, it shall be made in the presence of the person having custody of the one arrested or restrained. If such person is intoxicated, or a person under eighteen years of age, the call may be made by the person having custody. An attorney shall be permitted to see and consult confidentially with such person alone and in private at the jail or other place of custody without unreasonable delay. A violation of this section shall constitute a simple misdemeanor.

It is clearly and definitively established at case law that this means absolutely no visual, audio, video, or other observation, monitoring, or recording. You find them a place where you cannot see, hear, or record them, and that's where they get to meet. It's a major suppression item here. I've seen them placed in bathrooms, report writing areas, etc. Hard to find a place in a police department that isn't monitored.

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Originally posted by MikeinNC:
I had a DWI arrestee who called a sitting judge to come be his witness to the testing procedures. They were both masons. Judge showed up at three in the morning, told his friend “I’m a sitting judge, in this county and I will not say anything to you about this, but I will watch the process”.

Dude blew three times the limit and took him to the magistrate, magistrate asked the judge if he would be responsible for the drunk until he sobered up and the judge declined.

Case went o court, where driver pled guilty in open court and took his lump.

It was the only time I ever saw an attorney show up for anything after hours.

I've had them reach attorneys dozens of times. Most of the good ones ask them a few questions and then tell them to take the test and call them tomorrow. I think I've seen one come down maybe three times and received the same result each time there as well.

I've arrested a lot of drunks for a lot of years and nothing brightens my day more than when someone gets a hold of a local attorney and then either tells them my name or asks me what it is. The attorneys know I bring good cases and know the process and the law, so it usually means no shenanigans.

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And.... Arrestee gets connected.... To an answering machine.

You forgot the part about they won't even answer a phone until the retainer check clears. The vast majority don't have a lawyer. They may have a friend who handles real estate transactions. Criminal layers are not that plentiful. Working for a large NJ law firm for years they hated criminal law. You lose they don't pay. You lose they are pissed, going away...and don't pay.

By directive of our AG all interviews are recorded, audio and usually video. DWI testing has been recorded for decades. Only the operator, arresting officer and defendant are in the room. Could care less if you were a Judge. But if one showed up and made a fuss and in any way interacted with the defendant, the Judge was added to the witness list.

In my experience, it was harder to get some people to just shut up even after giving them the speech of the Right to remain silent.

For me it doesn't matter if the attorney answers the phone or not. If the suspect has asked to call his attorney, he's invoked his right to speak with an attorney before questioning. That interview is over until the suspect of his own free will indicates that he now wishes to speak to me without an attorney present. I can't ask him to reconsider, he has to bring it up. Once he does, I advise him of his rights again. I've had this happen once recently. Annoyingly enough, he came in to speak to us without being called in, decided he wanted an attorney, called me back the next day saying he DIDN'T want an attorney, but needed a ride, and then told the car I sent for him that he wanted an attorney. No statement was taken...

The short version is no, police interviews/interrogations are nothing like what is shown on TV. I am an OK interviewer at best. Fortunately for me, my partner is fantastic and hates doing the paperwork so it works out ok. Teamwork for the win.

I was detained for questioning regarding the death of an acquaintance. When the cops started using an attitude that made me uncomfortable I told them that I did not wish to continue the interview without the presence of a lawyer.

I could not reach my friend, a defense lawyer, so I called my boss, who also knew him, told him what I needed, and I then shut up. A while later, my boss was able to reach our lawyer friend who immediately called the police station, told them not to speak with me until he arrived, the cops handed the phone to me, lawyer told me he was on his way and I was to keep my mouth shut.

He (lawyer) arrived, we were given a private room for discussion, it was not monitored nor observed.

I told lawyer everything that I knew about the situation, which was really not very much. Lawyer called the cops back into the room, gave them a bit of an ass chewing about their attitude, and we left. Never heard anything more from the cops.

This was in DuPage County, IL -- just west of Chicago, sometime around 1970.

Now what I HAVE seen a particularly clever attorney (not sarcasm, he's great) do is try to get as close to the interview room as possible and VERY LOUDLY demand to see "his client" in the hopes that the suspect will hear him and get the hint. Since we moved to the new facility and the interview rooms aren't on the same floor as the entry that doesn't happen any more. He and I once had a good laugh about it.

Yes. Cops and defense attorneys can get along. It's a job, nothing personal.

I’m a bit mystified about the comment that defense attorneys regularly engage in criminal conspiracy, or that their conversations with their clients are monitored by police...

Admittedly, I’ve only had, extremely, limited experience in practicing criminal law - but, in general, “Thou shalt not breech confidentiality.”

I do know of one case where an acquaintance was not left alone with a defendant. The defendant, in that case, was an exceptionally violent killer. The lawyer thought it was outrageous, at first. Once he began to talking to the defendant, he realized why the deputy would not leave him alone with the defendant.

Attorney / Client conversations are protected. Our interview rooms are recorded and we tell attorneys so. We CAN NOT turn off the recording equipment. We used to have a holding room that wasn't wired for sound, but now all rooms accessible to the public or detainees are under constant video surveillance. If I were the defense attorney, there is no way I'd even consider trying to have a privileged conversation in a police facility. At the same time, I'd be shocked if I was allowed to introduce a recorded private conversation between an attorney and suspect as evidence in court. In practice, I assume our legal team would redact out the section of the recording containing the discussion prior to handing over to the DA, but I'm not sure that it's come up yet.


What really happens is the attorney says "I need some time to discuss this with my client before I make him available for an interview. Can my office contact you tomorrow to set something up?" A day or two later the attorney will likely call and say that his client doesn't wish to provide a statement.

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I’m a bit mystified about the comment that defense attorneys regularly engage in criminal conspiracy, or that their conversations with their clients are monitored by police...

Lawyers smuggle things in to clients, they conspire to destroy evidence, they conspire to intimidate victims or witnesses. "tell Mary to reformat the hard drive before the cops get the computer", "Tell Billie Jean to change her story or I'll stop sending child support". "Here, you can use my cell phone to call your baby mamma, the cops won't know"... Happens all the time

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Admittedly, I’ve only had, extremely, limited experience in practicing criminal law - but, in general, “Thou shalt not breech confidentiality.”

The recordings can only be used if there is evidence of a crime being committed. The jail staff reviews them, so the deputy with the case only sees them if something comes up.

Have you convicted a lot of defense attorneys for "criminal conspiracy"?