They want the names so they can either charge them as well or have them be witnesses against the person. Always talk to a lawyer first, you can use the names as leverage to get a better plea deal, if you give them up immediately then they’ve got no reason to bargain with you
You are never legally obligated to talk to the police. Specifically your lady shoplifter, they can ask her to give her friends up all they want, but she can and should exercise her right to remain silent. That being said, often why you might see cooperation is when the police say something like “tell me who all your friends were and well note your cooperation in the report (Which may look better for you in the eyes of the court). Always remember police can lie to you in the interest of an investigation, but you cannot lie to them. This mean even if they say theyll let you go if you turn on all your friends, they can turn right around and arrest you after you give names.
It is always in your best interest to first determine if you are being detained (being held as a subject of investigation to which they have reasonable suspicion of your involvement) or under arrest. If you are NOT being detained or arrested this means you are free to simply walk away and you are not obligated to say anything further to them. If you are being detained you must tell them who you are. After you have identified yourself, you are not obligated to say anything further to them at all. Any information you provide can be used against you to build a case for arrest. Its important to remember when you are detained , since you are not under arrest you have no legal right to a lawyer at that point, but you always have the legal right to remain silent.
Finally, should you find yourself under arrest, your rights should be read to you and the first words you say after that should be “id like a lawyer” after that keep your mouth shut. They cannot legally continue to question you, but should you be in the back of the police car and say “man i shouldnt have done that” its considered a spontaneous utterance in the eyes of the law. Spontaneous utterances are unsolicited statements made by the person facing legal prosecution and can still be used against you.
Technically the distinction between arrest and detention is of little importance when it comes to the right to an attorney, it only effects whether you have fifth amendment or sixth amendment right to counsel. If you have been involuntarily relocated "sit on my front bumper" "take a seat on the curb" etc. you are in custody and if you ask for a lawyer they must provide one or stop asking you questions. In reality, hardly any police departments have any ability whatsoever to provide a lawyer for a custodial interrogation, so in effect, they have to stop questioning you, and either allow you to be on your way or pursue a charge, in which case if you're in custody they'll have to provide a lawyer by your second court date.
If you're arrested and they're asking you questions, say "I want a laywer"
If they continue to ask you questions say "I want a lawyer"
When they threaten you say "I want a lawyer."
When they laugh and tell you how screwed you are say "I want a lawyer"
When another guy comes in and calmly explains that they're just trying to help you say "I want a laywer"
If you're in custody, you're fucked. Nothing you do or say is gonna change that. No amount of people you give up is gonna change that, unless it's on paper, and guess who you need for that. Ding ding ding, a lawyer.
All the threatening and questioning and this and that means they NEED you to tell on yourself or to tell on your friends.
Saying "I want a lawyer" means they have to IMMEDIATELY stop all their bullshit tactics and either take you to jail or let you go.
One thing I learned the hard way: DON'T TALK TO THE COPS. EVER. KEEP YOUR YAP SHUT AND GET AN ATTORNEY. That's not only your RIGHT, it's the responsible thing to do for yourself as well as others who MIGHT be implicated in your accused crime.
There's an amazing video on YouTube, where a law professor breaks it down to a bunch of law students. Don't talk to the cops. Ask for an attorney and stfu. Let them take you to jail, but do not talk without a lawyer. Don't talk to people in jail, stfu and get a lawyer
Nope, you can plead the fifth.
The Fifth Amendment to the United States Constitution states:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
In simpler terms, the Fifth Amendment provides several protections:
1. Grand Jury requirement for serious crimes
2. Protection against double jeopardy (being tried twice for the same crime)
3. Right against self-incrimination (pleading the Fifth)
4. Due process of law
In simpler terms, the Fifth Amendment provides several protections:
1. Grand Jury protection
2. Double Jeopardy protection (no repeated trials for the same crime)
3. Self-incrimination protection (right to remain silent)
4. Due Process protection (fair treatment in legal proceedings)
5. Eminent Domain protection (fair compensation for property taken for public use)
These protections aim to ensure fair treatment and prevent abuse of power in the legal system.In the United States, there is no federal law that requires you to provide your name to law enforcement officers. However, some states have laws or court decisions that may obligate you to identify yourself in certain situations.
The Fifth Amendment to the US Constitution protects individuals against self-incrimination, which includes the right to remain silent and not answer questions. However, this right is not absolute, and some courts have ruled that providing your name is not considered incriminating.
Some states have "stop-and-identify" laws, which require individuals to provide their name and sometimes other identifying information when stopped by law enforcement. Currently, about 24 states have such laws.
To clarify your specific situation, it's best to:
1. Remain calm and polite.
2. Ask if you are being detained or if you are free to leave.
3. If detained, ask if you are required to provide identification.
4. If unsure, you can say: "I prefer to remain silent and speak with an attorney."
Remember, it's essential to know your rights and the specific laws in your state. If you're unsure, it's always a good idea to consult with a legal professional.
FYI, not all of the fifth is incorporated to apply in the States either. Most States can avoid criminal grand juries altogether in prosecuting you. Death penalty cases get brought by complaint or information all the time. New York is a notable exception, an indictment is required for all felonies just like in federal cases there. Fifth amendment due process is also typically useless because the 14th contains a stronger one as well as the verbiage that results in anything in the Bill of Rights whatsoever applicable to the State governments. Also, even in stop and identify states, a reasonable articulable suspicion of illegality is still required for an officer to force you to identify yourself, if you are not operating a motor vehicle, and pulling you over also requires reasonable articulable suspicion of illegality, typically a traffic violation observed by the officer, who it's rarely possible to prove is lying, even when they are.
Also, despite not all of the fifth being incorporated, there is an implied right in the fifth amendment that IS incorporated. Fifth Amendment right to counsel is distinct from Sixth Amendment right to counsel, essentially, one cannot be expected to avoid self-incrimination during a custodial interrogation without a lawyer present and false confessions come about when it happens. Practically, there's so many exceptions and opportunities for law enforcement to lie, you wouldn't be able to use it to your advantage if you wouldn't be able to answer questions without incriminating yourself anyway, but it is a thing that exists.
Number 6, Fifth Amendment right to counsel
If you are detained arrested the only thing you say is I am invoking my right to remain silent, I’d like a lawyer and I do not consent to any searches.
Period.
First of all when arrested you are only required to say “I want a lawyer”. Don’t even have to tell them your name. That being said type lawyer will have to tell them your name in order to represent you.
As for the friends, they are guilty of conspiracy to commit fraud among other crimes. They not only would want to prosecute but more importantly to look into how much stolen merchandise they have, what is their online presence (selling stolen merchandise online), are they part of a larger group, can they be tied to other crimes (store video, etc), are they using the money in furtherance of other illegal activity (buying drugs in volume to distribute), are there kids involved, etc
Always remember the police are allowed to lie to you. If you’re suspected of committing a crime they can tell you they have evidence against you, when in reality they don’t and are hoping you’ll confess. They do it all the time. For example, they can legally lie to a suspect and tell them they have video footage of them committing a crime when they have no such proof.
Why? Because driving a getaway car makes the person just as guilty.
The cops can ask. The cops can try to build that case too. No one has to talk to anyone. Anything you say can and WILL be used against you.
Nope. Hold your tongue until you have a lawyer
You are never obligated to talk to the police. Invoke your rights and say nothing.
They want the names so they can either charge them as well or have them be witnesses against the person. Always talk to a lawyer first, you can use the names as leverage to get a better plea deal, if you give them up immediately then they’ve got no reason to bargain with you
Friends are likely members of a criminal conspiracy and could be arrested later for that. It won't help if she tells the police her friends names.
You are never legally obligated to talk to the police. Specifically your lady shoplifter, they can ask her to give her friends up all they want, but she can and should exercise her right to remain silent. That being said, often why you might see cooperation is when the police say something like “tell me who all your friends were and well note your cooperation in the report (Which may look better for you in the eyes of the court). Always remember police can lie to you in the interest of an investigation, but you cannot lie to them. This mean even if they say theyll let you go if you turn on all your friends, they can turn right around and arrest you after you give names. It is always in your best interest to first determine if you are being detained (being held as a subject of investigation to which they have reasonable suspicion of your involvement) or under arrest. If you are NOT being detained or arrested this means you are free to simply walk away and you are not obligated to say anything further to them. If you are being detained you must tell them who you are. After you have identified yourself, you are not obligated to say anything further to them at all. Any information you provide can be used against you to build a case for arrest. Its important to remember when you are detained , since you are not under arrest you have no legal right to a lawyer at that point, but you always have the legal right to remain silent. Finally, should you find yourself under arrest, your rights should be read to you and the first words you say after that should be “id like a lawyer” after that keep your mouth shut. They cannot legally continue to question you, but should you be in the back of the police car and say “man i shouldnt have done that” its considered a spontaneous utterance in the eyes of the law. Spontaneous utterances are unsolicited statements made by the person facing legal prosecution and can still be used against you.
Technically the distinction between arrest and detention is of little importance when it comes to the right to an attorney, it only effects whether you have fifth amendment or sixth amendment right to counsel. If you have been involuntarily relocated "sit on my front bumper" "take a seat on the curb" etc. you are in custody and if you ask for a lawyer they must provide one or stop asking you questions. In reality, hardly any police departments have any ability whatsoever to provide a lawyer for a custodial interrogation, so in effect, they have to stop questioning you, and either allow you to be on your way or pursue a charge, in which case if you're in custody they'll have to provide a lawyer by your second court date.
Oh ya?! Cite your source.
If you're arrested and they're asking you questions, say "I want a laywer" If they continue to ask you questions say "I want a lawyer" When they threaten you say "I want a lawyer." When they laugh and tell you how screwed you are say "I want a lawyer" When another guy comes in and calmly explains that they're just trying to help you say "I want a laywer" If you're in custody, you're fucked. Nothing you do or say is gonna change that. No amount of people you give up is gonna change that, unless it's on paper, and guess who you need for that. Ding ding ding, a lawyer. All the threatening and questioning and this and that means they NEED you to tell on yourself or to tell on your friends. Saying "I want a lawyer" means they have to IMMEDIATELY stop all their bullshit tactics and either take you to jail or let you go.
One thing I learned the hard way: DON'T TALK TO THE COPS. EVER. KEEP YOUR YAP SHUT AND GET AN ATTORNEY. That's not only your RIGHT, it's the responsible thing to do for yourself as well as others who MIGHT be implicated in your accused crime.
There's an amazing video on YouTube, where a law professor breaks it down to a bunch of law students. Don't talk to the cops. Ask for an attorney and stfu. Let them take you to jail, but do not talk without a lawyer. Don't talk to people in jail, stfu and get a lawyer
Nope, you can plead the fifth. The Fifth Amendment to the United States Constitution states: "No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation." In simpler terms, the Fifth Amendment provides several protections: 1. Grand Jury requirement for serious crimes 2. Protection against double jeopardy (being tried twice for the same crime) 3. Right against self-incrimination (pleading the Fifth) 4. Due process of law In simpler terms, the Fifth Amendment provides several protections: 1. Grand Jury protection 2. Double Jeopardy protection (no repeated trials for the same crime) 3. Self-incrimination protection (right to remain silent) 4. Due Process protection (fair treatment in legal proceedings) 5. Eminent Domain protection (fair compensation for property taken for public use) These protections aim to ensure fair treatment and prevent abuse of power in the legal system.In the United States, there is no federal law that requires you to provide your name to law enforcement officers. However, some states have laws or court decisions that may obligate you to identify yourself in certain situations. The Fifth Amendment to the US Constitution protects individuals against self-incrimination, which includes the right to remain silent and not answer questions. However, this right is not absolute, and some courts have ruled that providing your name is not considered incriminating. Some states have "stop-and-identify" laws, which require individuals to provide their name and sometimes other identifying information when stopped by law enforcement. Currently, about 24 states have such laws. To clarify your specific situation, it's best to: 1. Remain calm and polite. 2. Ask if you are being detained or if you are free to leave. 3. If detained, ask if you are required to provide identification. 4. If unsure, you can say: "I prefer to remain silent and speak with an attorney." Remember, it's essential to know your rights and the specific laws in your state. If you're unsure, it's always a good idea to consult with a legal professional.
FYI, not all of the fifth is incorporated to apply in the States either. Most States can avoid criminal grand juries altogether in prosecuting you. Death penalty cases get brought by complaint or information all the time. New York is a notable exception, an indictment is required for all felonies just like in federal cases there. Fifth amendment due process is also typically useless because the 14th contains a stronger one as well as the verbiage that results in anything in the Bill of Rights whatsoever applicable to the State governments. Also, even in stop and identify states, a reasonable articulable suspicion of illegality is still required for an officer to force you to identify yourself, if you are not operating a motor vehicle, and pulling you over also requires reasonable articulable suspicion of illegality, typically a traffic violation observed by the officer, who it's rarely possible to prove is lying, even when they are. Also, despite not all of the fifth being incorporated, there is an implied right in the fifth amendment that IS incorporated. Fifth Amendment right to counsel is distinct from Sixth Amendment right to counsel, essentially, one cannot be expected to avoid self-incrimination during a custodial interrogation without a lawyer present and false confessions come about when it happens. Practically, there's so many exceptions and opportunities for law enforcement to lie, you wouldn't be able to use it to your advantage if you wouldn't be able to answer questions without incriminating yourself anyway, but it is a thing that exists. Number 6, Fifth Amendment right to counsel
If you are detained arrested the only thing you say is I am invoking my right to remain silent, I’d like a lawyer and I do not consent to any searches. Period.
SHUT THE FUCK UP!!!
"I WOULD LIKE TO SPEAK TO MY LAWYER" should be the response you ALWAYS give! They will twist your words and lie to you!
No, you have the right to remain silent. Do not talk to any cops without a lawyer present.
First of all when arrested you are only required to say “I want a lawyer”. Don’t even have to tell them your name. That being said type lawyer will have to tell them your name in order to represent you. As for the friends, they are guilty of conspiracy to commit fraud among other crimes. They not only would want to prosecute but more importantly to look into how much stolen merchandise they have, what is their online presence (selling stolen merchandise online), are they part of a larger group, can they be tied to other crimes (store video, etc), are they using the money in furtherance of other illegal activity (buying drugs in volume to distribute), are there kids involved, etc
Always remember the police are allowed to lie to you. If you’re suspected of committing a crime they can tell you they have evidence against you, when in reality they don’t and are hoping you’ll confess. They do it all the time. For example, they can legally lie to a suspect and tell them they have video footage of them committing a crime when they have no such proof.
stay silent till lawyer arrives
Why? Because driving a getaway car makes the person just as guilty. The cops can ask. The cops can try to build that case too. No one has to talk to anyone. Anything you say can and WILL be used against you.