Tips lawyer how to communicate with the cops
Rights when communicating with law enforcement. Download ( prava.rar - 166 KB)
If a person has never broken or committed anything in his life, it is harder for him to communicate with the police, who for some reason stopped him on the street.
You are not lucky with your appearance or accidentally turned out to be near the place of unrest - let's go, citizen.
To communicate with the police did not change your life abruptly, read the practical advice of a professional lawyer.
Advice gives lawyer Alexander Simanchev
- A person is stopped on the street, they say, "let's go", put him in a car and take him away. What rights does he have?
- Well, let's start with the fact that it should not be so, and it does not happen. Police officers are obliged to introduce themselves, say: "Hello, Sergeant such and such. Please show your documents." Try to remember the name of the sergeant. But in principle, if a person shows a passport in which there are no obvious erasures or some crookedly glued photo with mismatched edges, then there is no reason for the detention. Except for the case when a person looks like someone on the wanted list.
- So, the man was not lucky with his face, he turned out to look like a criminal. What to do when they brought to the police?
- Sadly, but I would not recommend downloading the rights and showing my legal literacy.
For this you can pay with health.
They can strike, they will do some other unpleasant things, for which there are also specialists there - as they say, who has studied for what.
But you can still protect yourself from illegal actions of the police.
Usually, the detention procedure is associated with the so-called “body search”, as the police like to call it. Considering that we now have very strict drug laws, any other person’s hand in your pocket may mean that you are accused of possessing drugs. Therefore, the recommendation is very simple. If you start searching, it is advisable to turn out the pockets yourself. Otherwise, a small bag, sandwiched between the fingers of the operative, and thus thrown into your pocket, can have very serious consequences.
- So, during the "personal search" the protocol is nevertheless being compiled. And the witnesses should be?
- Of course. And police officers cannot act as witnesses. Well, they brought you to the department, put them in the office. Well, the bad militiaman has got into your pocket. Well, I pulled out anshi boxes or a pistol cartridge from there. A cartridge is already considered the possession of weapons. What's the difference! This is not evidence if the search was carried out without witnesses. And what will the policeman do next? Does he have to put this box back in your pocket?
In my practice, although I do not conduct criminal cases now, there was just such a case. The guy "found" in a backpack item, which they called "telescopic baton." But it happened without witnesses. And what? The operatives had to put this object back into his backpack and call witnesses. While the witnesses appeared, it took some time. And during the search witnesses look into the backpack - and there is no baton there! Imagine? That is one of the possible explanations that a man went to the toilet with his backpack, took and laid out this baton. Police thought. And time is running out. The guy was kept all night. It is now about eight in the morning. In an hour, a lot of employees will come, life will begin to boil, it will begin to boil, that's all. In general, they began to threaten the guy. And he decided that after all it would be easier for him to make sure that those who understood the baton were found in the backpack. But in any case, it was a very serious puncture on the part of operatives. Even if these witnesses are Tajiks from a neighboring construction site, where the police have some leverage.
However, when they are summoned to the court, and the lawyer begins to ask, it turns out that the search was carried out twice - first the witnesses were released and then returned. The first time you saw anything? And let them say that they saw the club for the first time. Why then return the witnesses and conduct a second search? All the same, a situation arises when a person lies, and this is noticeable. Yes, judges are different, but I have not seen stupid judges.
- During the search begins the interrogation, which is also not the most pleasant procedure? What can be done to not get a confession out of you?
- This, of course, depends largely on your aging, and on your health. If you are forced to write confessions, sometimes it is more beneficial to write, because health is more expensive. But write wisely so that later you can easily and convincingly prove that this confession has beaten out of you. For example, among accomplices you can indicate your friend, who for two years left for America and could not be present this night in a dark alley.
A sincere confession and good that you write it yourself. In addition, investigators will not be able to immediately verify these facts, and time is working against them.
The second tip - be sure to read all the protocols. It is necessary to hack yourself once and for all. In the protocol, you can add clarifications, fix your desire to have a lawyer. Because if a protocol is signed, it is usually a protocol of detention, and from the moment of detention you have the right to a lawyer.
And this moment is also very important. For example, you came to the police in gold jewelry, with money Russian, American, European, and leave without everything. In the protocol of detention it is desirable to clearly list those things that are with you. If possible, describe them in as much detail as possible so that they can be identified afterwards among other things. That is, not just a ring of yellow metal, but a ring with such and such a pebble, the location of a pebble, a drawing, with such a stigma, a sample is beaten out of such and such, and so on.
If you are detained with money - just do not laugh, please - it is necessary to rewrite the numbers of banknotes in the protocol, because they can then easily give you not money, but photocopies of money, fake money. And such cases, unfortunately, have been in practice.
Any bodily injuries that you have at the time of drawing up the protocol should also be recorded in this document. Moreover, it is desirable to specify as indicated by medical examination - location, type, color, location, nature of damage. Only after all this is stated in the protocol can you sign.
Because the judge who will decide on the issuance of a sanction for your arrest will read this protocol very carefully. And, most importantly, remember that the operatives simply do not have time to alter the protocol five times. Therefore, they are likely to agree with your requirements.
Or take the extreme case when a sick person is delayed - either chronic illness or acute. When drafting a protocol, you must immediately declare this, and the diseases are also listed in this document.
If, after being interrogated, you are held in the SIZO, the duty officer of the SIZO will not hide or hush up these facts out of solidarity with the operatives, or the patrol service. Because the duty officer will not want to take responsibility if you have an old stomach ulcer opened under the influence of stress, or a heart attack happens.
If you are a sick person, then your health and physical integrity in the SIZO will be protected with impossible force. In principle, an ambulance always leaves if there are serious complaints from a person about health. The ambulance will arrive at the police station, if necessary.
- And if during the detention the operatives kicked, did they break the nose, and so on? In this case, the ambulance will come?
- Yes, it happens that when a person is arrested, he does not offer resistance, and some hard power methods are applied to him. It is a crime. But to prove it, we need witnesses. If you are detained with friends, they can be witnesses. If you are detained with people by strangers, who also happened to be here by chance, then it is advisable to immediately exchange some telephone numbers, addresses, and so on. Because if the coordinates are not immediately collected, then after finding these witnesses it will be possible only with the help of television.
As I said earlier, all injuries can be reflected in the detention report. And immediately, as released, it is necessary to contact the emergency room. And there documented injuries. And still need to undergo a forensic examination. It costs money, but it is reasonable money. We are talking about hundreds of rubles.
- And what to do, have not let out yet? For how many days does the police have the right to hold a person without charge?
- In general, have the right to keep 3 hours until the identification of the person, if there is no passport. All information about us is recorded in the police database. You give the name and address, and the operatives verify the information received. For this and need 3 hours.
- That is, the person was detained, he should wait 3 hours and say - either let go, or I demand a lawyer?
- A lawyer, according to our laws, can be demanded immediately, from the moment of detention. If you do not have a lawyer, then you should be given it for free A lawyer is always required. Even those lawyers who, by the will of fate, turned out to be in the role of detainees or arrested persons, never defended themselves, but turned to another lawyer for help.
Therefore, if my first advice was about a search, the second was for health, and the third — from the moment of detention, ask for a lawyer.
Addition from friends site :
If you beat the blood in the department and your hands are not shackled behind your back, the topic is - on the arm - (finger, palm) a little blood, and then smear it under the table top or chair seat, then you can sign everything, but try to remember the number of the cabinet. It will be useful when you begin to write a complaint to the prosecutor's office! (through a lawyer !!!) verified.