Blog

Miranda

A few months ago a client called and told me all the employees at her business were told that there was money missing and that the police wanted to talk to them about it. She was perfectly willing to do so until the officer said he wanted all of them to submit to a polygraph (lie detector test) so he could "find the guilty person!" When she asked the officer whether she had to take the polygraph, he told if she didn't he would assume she was the guilty person. She said she wanted to talk to her attorney first, which really got him upset.

After speaking to me I wrote the officer telling him that I advised my client not to take the polygraph --- and explained why -- and also told him my client would be happy to talk to him in my presence, and asked him to select a time and place for the interview. Though he called and chided me about not letting my client take the polygraph, he never scheduled her for an interview. Why? Probably because he realized it would be impossible to obtain the incriminating statements he wanted or hoped to get from her if she was being advised by an attorney at the time.

Therefore, take advantage of your right to have counsel present and do not answer questions about a crime until you have a lawyer there to advise you.