So I've been reading many posts here and the linked articles about the shenanigans surrounding both Mike Flynn and Roger Stone. The overwhelming advice for what to do if brought in for questioning by the FBI (or other agencies) has been to shut up, plead the Fifth, and demand to speak to my lawyer.
If both Roger Stone and Mike Flynn can be railroaded by corrupt officials when they have much greater access and means than the average person, what the hell kind of hope do the rest of us have? What is the best course of action?
So here is my big question: I'm a regular, law-abiding US citizen without connections, fame/notoriety or clout. If I'm brought into an alphabet agency office for questioning and say I want a lawyer, do they let me do quick net search? I mean, I don't even have the first clue who I'd contact or if they'd even take my call. I know lawyers have specialties, so how do I know which type I'd need? How does a person go about finding the best representation when they're in the middle of a stressful situation? (And of course, I supposed I'd need to be sure not to hire Mike Flynn's representation, right?!)
It's a chilling thought to consider that we know about Roger Stone and Mike Flynn. How many others do we know nothing about?
The judge will give you reasonable time to seek counsel. If you can't afford a lawyer, one will be appointed for you. Do not speak with anyone about your case until and unless you have a lawyer present. You'll need to do your own due diligence - search the phone book / internet and start making calls. If you find someone you think might work, look into their background (record, experience, client and peer reviews, news reports, etc.) If a lawyer can't take your case for any reason they can usually make a referral. It's similar to finding a good doctor.
Personally, I've always had a public defender, but I've usually pled guilty so the cases were pretty straightforward. I did get jacked up on a false charge a few years ago (the Feds accused me of lying on a NICS check) but I stuck to my guns (pun intended) and refused to take the deal they offered. Eventually the case was dropped due to lack of evidence. My philosophy has always been: "If you did it, own it. If you didn't, don't let anyone push you around."
I've found that the courts are more likely to be lenient to those who take responsibility for their actions. Innocent people do get railroaded (the fake news even defended what happened to Flynn by saying "the FBI does it all the time") but if you confess to a crime that you didn't commit then there's no turning back. Make them establish their case, and if there are any shenanigans at least they'll be in the record so you have a shot at an appeal. I can't promise that honesty is always the best policy, but it's worked for me.
(Disclaimer: This is not professional legal advice, it's just the opinion of an ex-con who found God and turned his life around.)
What a wonderful post. Good on you for making a new life for yourself.
I'd just like to toss in some important additional info. Everyone should be advised that you could end up doing yourself serious damage before you ever get in front of a judge.
I knew a man, pillar of the community, lifelong resident, squeaky clean, who was heading out to his car one Monday morning to go to work. Sheriff's chief deputy and an investigator pulled into the driveway and asked him to come in to help them clear up a few things. The man had known the chief deputy on a friendly basis for years, and wanted to be helpful, so off he went. Meanwhile, the investigator searched the man's house.
The man ended up spending four solid hours at the sheriff's office being questioned about an allegation of improper touching of a child relative, brought by one of that child's parents who had been wanting to get the man out of the child's life. The man was so flustered and shocked by all these questions that he said more than he should have -- again, trying to help and/or to straighten things out.
Not once was he offered an attorney -- because he wasn't under arrest; they'd only brought him in "to help them out." This is one of the tricks law enforcement uses on the unwitting. The man didn't know to insist on having a lawyer before he spoke to LEOs, didn't know to ask if he was free to go (and this man is too polite to do that, sadly). There was no judge at that stage to provide one for him, because the judge thing doesn't enter in until a person actually gets arrested and charged and goes to court for arraignment (preliminary hearing), which in my state can happen days later.
The matter did end up in family court because the deputies and the prosecutor -- who'd all known this man for years -- twisted some things he said during that questioning and made a case out of it. I don't know all the details, because cases involving juveniles are sealed. But the man -- who to this day maintains his full innocence -- ended up spending thousands of dollars on his defense attorney, nearly losing his job and lifelong reputation, and worst of all, pleading to some reduced charge which allowed the judge to forbid him from seeing or contacting the young relative he loved dearly (and who had always loved him too).
So, to every pede who reads this (and I need to do this myself), PLEASE research your state's court procedures and a few good defense attorneys in your area. As someone else posted, at least keep a few business cards in your wallet, and have your loved ones do the same, so you can make that call or have them make it for you if need be.
That's a good point. Everyone should have a family lawyer, just as they'd have a family doctor. They don't have to be a specialist, just a trustworthy, professional point of contact you can consult for any serious matters that might arise, someone who already knows your basic circumstances and can steer you in the right direction. If you want the best care you don't want to wait until you're on life support.
That is heart-breaking. I could easily see most people just 'trying to be helpful' without understanding the true consequences. What a terrible situation.