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undergroundpanther Donating Member (1000+ posts) Send PM | Profile | Ignore Wed Oct-26-11 11:54 PM
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useful info for anyone dealing with abusive cops
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midnight Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 12:04 AM
Response to Original message
1. Is this true: Within three hours of being arrested, you have a right to two free and complete phone
Edited on Thu Oct-27-11 12:05 AM by midnight
calls to legal counsel and to a bail bondsman.
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ChoppinBroccoli Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 01:05 PM
Response to Reply #1
3. Depends On Your State, But...............
..........in ALL States, you have an absolute right to be represented by counsel and to have that counsel present during questioning. As soon as you invoke your right to counsel, the police MUST halt any questioning right then and there. Inherent in the right to be represented is the ability to have ACCESS to counsel, so the police DO have to give you access to a phone and a phone book in order to secure counsel. Now, logistical concerns, like whether there's a time limit, or a limit on the number of calls or whatever, may differ from State to State, town to town, or even police station to police station, but they ARE REQUIRED to give you access to a means of contacting an attorney.

If you're not able to contact an attorney or are unable to secure counsel for any reason, that doesn't mean you forfeit your rights. Simply make it clear that you will refuse to answer any questions without your attorney being present and the police should stop harassing you (as they are REQUIRED to do). Even though you have no attorney, you still have the right to remain silent. Exercise it.
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Xithras Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 01:06 PM
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4. Varies by state.
There technically isn't any federal law requiring the police to provide you with a phone call, but the constitution does provide the right to counsel, and the police generally know better than to interfere with that right. There is NO equal right to call a bondsman.

From a federal perspective, if you're arrested and say "I want to call my mom/wife/husband/bondsman/priest/neighbor/whatever", the police can deny the request. If you say "I want to call my lawyer", they can still say no, but doing so dramatically reduces the odds of them actually convicting you of anything.

Many states DO have laws guaranteeing a prisoners right to a phone call. A quick Google showed that these can very quite a bit, state to state. In some it's a single call. In Texas and others it's two calls in two hours (to anyone). In California it's three calls in three hours (again, to anyone). In some states, calls to lawyers count in these numbers. In others, these calls are in ADDITION to your calls to a lawyer. That Google search also revealed that police often won't provide phone books though, and that calls to Information are usually counted as one of your calls. If you don't actually have a lawyer, finding one can be tricky with this limit hanging over your head. When you say "I want to call my lawyer", you'd better have some sort of answer when the police officer responds with, "Fine, we'll get him right on the phone for you. What's his name or telephone number?"
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truedelphi Donating Member (1000+ posts) Send PM | Profile | Ignore Thu Oct-27-11 12:40 PM
Response to Original message
2. Thanks for links on how to help yourelf when going to these protests.
This information could save somebody's life.

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