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by kjellsbells 869 days ago
Let's try this thought experiment. You are shopping at a grocery store. It's a regular day in your life. Then, without warning, you are arrested by the cops and taken to the police station. They put you in the holding cell. They take your laptop, phone, etc. You ask for your one call. They lead you to the wall mounted phone and you stick your quarter in.

What percentage of the HN readership here would be able to dial the number of a competent criminal attorney?

Engagement with the criminal justice system is so out of the ordinary for most people that they simply do not know what to do. It's easy to say, "shut up and call your lawyer", but most regular joes have absolutely no idea how to find a lawyer, vet them, engage with them, etc.

In normal life, if you need a lawyer, you Google some reviews, or you look up something in yellow pages, or you ask your local state bar association for a referral for the area of legal practice. None of those things are happening at 2am in a holding cell without any of your regular devices. And asking for the public defender is not likely to give you much comfort given their caseload.

Now imagine that you are not the classic affluent educated HN reader with access to all kinds of resources, and consider what it must be like for working class people. It's not fun.

2 comments

You don't call a lawyer, you call the most competent person whose phone number you can remember and tell them to get a lawyer.

Ideally, you have a relationship with one or more, but if you don't come from an upper middle class background with a refined appreciation for insurance policies, now is the time you call your most competent contact and beg them to get the ball rolling on a lawyer and bail.

Part of Miranda is that the state will obtain a lawyer for you. It might be a shit lawyer that just wants to plea, but it stops the self incrimination part.
Yeah and if the shit lawyer doesn't do his job then you have grounds for appeal. Always trust your lawyer to handle your legal business. Should be taught in schools with civic lessons. You literally have nothing to gain from talking to police without a lawyer if you are detained.