Tuesday, December 9, 2014

Should you surrender to the cops & if you do what should you say? / Burglary / Probable Cause / Invoke / AVVO / Michael A. Haber, Esq. **ARRESTED / **305DUI

Q:     Man says a man burglarized his house & told cops they want his arrest but he did not do the crime.  Cops want to meet him at jail and arrest him should he go?

Michael Adam Haber


Contributor Level 20
Answered Regardless of what happened, if the cops believe that they have PC (probable cause) to make an arrest (and PC can be based solely upon "man's" uncorroborated word) then they are going to make an arrest.

It is always better for "man" - or anyone else - to surrender on acceptab;le terms rather than to be hunted down and cuffed inconveniently and inconsiderately. In a surrender not only are the cops likely to treat "man" better but "man's" lawyer can argue to the Judge that "man" manned-up and faced the music, which should dovetail nicely with both a request for bond and an ultimate determination of guilt.

That said, under no circumstances should "man" speak to the cops. Ideally "man" will lawyer up, have his attorney broker the surrender, advise of representation and make sure that "man" is fully invoked; but, if "man" cannot afford a lawyer then "man" needs to accept the fact that he's getting booked and charged and INVOKE (caps intentional) - make no statements, offer no explanations provide only demographic information (name, address, SSN, etc) and ask for a court appointed lawyer to be present during any questioning.

"Man" needs to understand that cos are trained to manipulate statements / admissions / confessions out of folks and "man" must comport his behavior accordingly. Do not be baited, goaded, prodded, guilt-tripped... whatever; just STFU and INVOKE (caps intentional, again).

I hope that I have been helpful in answering your question.
First, second and third: No attorney-client relationship exists by virtue of any Q&A with Michael A. Haber, Esq. on Avvo. Fourth: Anything that you post on Avvo (or on similar sites) or on any social media is by its nature public. It is essentially an admission / confession and can be introduced into evidence as a statement against your interest in a subsequent legal proceeding. Once posted you lose any reasonable expectation of privacy, so, as this is an open forum (with no privilege attached), please be extra careful when considering what to post online (forewarned is forearmed.) 

Since 1991 Michael A. Haber, P.A. has been creatively, effectively and zealously representing clients, both juvenile and adult, in both State and Federal Courts, in criminal cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.

At Michael A. Haber, P.A. "Its all about reasonable doubt"! 

Michael A. Haber, Esq. is prepared to speak with you about your case!

1-888-SHARK-8-1, 305-381-8686, 305-798-2220, **ARRESTED, **305DUI, **MIAMIDUI, **MIAMILAW or **HABERLAW.

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