What do you say to the Police when they come for you?

[Heir7]

What is the name of your state (only U.S. law)? Arizona. County: Maricopa. City: Phoenix.

To make a long story short... I may have committed a class 1 misdemeanor according to Arizona law. I have not yet been contacted by the police. I want to know what to say if and when they come knocking on my door.

I know enough to know that the worst thing a person can do is talk to them since everything I say will be used against me later. I also know, without some sort of lawyer speaking for me, I'm going to end up getting the worst possible outcome, but I simply cannot afford to hire a lawyer right now. I think I would qualify for a public defender attorney, but how do you request one? And when? After they arrest you? And what do you say to request one of them?

So, this is what I am thinking of saying to them if and when they come knocking on my front door: "I take the Fifth Amendment and choose to remain silent. I request a public defender attorney at this time and will not answer any questions until speaking to a public defender attorney."

Is that the proper way to word it?

I figure a public defender attorney should be able to get a deal where I would have no jail time and maybe just some probation and a fine. But if I say something that may later be used against me, then I might mess up that future deal with the prosecutor.

At this point, it may never happen because the Phoenix police have a lot of more serious crimes to deal with than this prank that got out of control. But if it does happen, I would like to be prepared for it. I've seen t.v. shows where they start questioning people right away, without any attorney present, and those people end up saying things that are later used against them in court.

 

[Zigner]

Is that the proper way to word it?

You're way overthinking this.

Knock-knock
"Who's there"
"It's the police, we'd like to talk to you about a prank that's gotten out of hand."
"I'd rather not speak to you without my attorney present."

That's it...nothing else needs to be said. Of course, depending on their mood, and the severity of the matter, they may respond by saying "Ok, we'll take you to jail until you contact your attorney and/or bond out", but that's a possibility you'll just have to consider.

At this point, you're not entitled to a public defender.

 

[LdiJ]

What is the name of your state (only U.S. law)? Arizona. County: Maricopa. City: Phoenix.

To make a long story short... I may have committed a class 1 misdemeanor according to Arizona law. I have not yet been contacted by the police. I want to know what to say if and when they come knocking on my door.

I know enough to know that the worst thing a person can do is talk to them since everything I say will be used against me later. I also know, without some sort of lawyer speaking for me, I'm going to end up getting the worst possible outcome, but I simply cannot afford to hire a lawyer right now. I think I would qualify for a public defender attorney, but how do you request one? And when? After they arrest you? And what do you say to request one of them?

So, this is what I am thinking of saying to them if and when they come knocking on my front door: "I take the Fifth Amendment and choose to remain silent. I request a public defender attorney at this time and will not answer any questions until speaking to a public defender attorney."

Is that the proper way to word it?

I figure a public defender attorney should be able to get a deal where I would have no jail time and maybe just some probation and a fine. But if I say something that may later be used against me, then I might mess up that future deal with the prosecutor.

At this point, it may never happen because the Phoenix have a lot of more serious crimes to deal with than this prank that got out of control. But if it does happen, I would like to be prepared for it. I've seen t.v. shows where they start questioning people right away, without any attorney present, and those people end up saying things that are later used against them in court.

Well, if they knock on your door you need to find out first why they are knocking at your door, and then you do not need to make it so dramatic. You can simply decline to speak to them. Then, IF the arrest you, you decline to speak without an attorney present and ask for a public defender.

 

[Zigner]

You weren't very nice last time you were here...


https://forum.freeadvice.com/debt-collections-84/forum-ran-debt-collectors-436645.html

 

[adjusterjack]

Is that the proper way to word it?

Sorry, can't help you.

We're too busy collecting debts.

 

[FlyingRon]

Bad boys, bad boys. Whatcha gonna do when they come for you?

 

[Ohiogal]

Well, if they knock on your door you need to find out first why they are knocking at your door, and then you do not need to make it so dramatic. You can simply decline to speak to them. Then, IF the arrest you, you decline to speak without an attorney present and ask for a public defender.

Until he is indicted and arraigned he has NO RIGHT to a public defender.

 

[FlyingRon]

Until he is indicted and arraigned he has NO RIGHT to a public defender.

Nope. Not in Arizona, at least. No "indictment" for misdemeanors, and the initial appearance (even though it typically includes the arraignment for misdemeanors) is where the defendant is informed of the right to counsel and the public defender eligibility is decided. The accused is not required to enter a plea without the assistance of counsel.

The correct way of stating it is he's not entitled to a PD until charged and is at his initial appearance before the court.

 

[Just Blue]

Until he is indicted and arraigned he has NO RIGHT to a public defender.

OP Px Hx****************************...

 

[Just Blue]

What is the name of your state (only U.S. law)? Arizona. County: Maricopa. City: Phoenix.

To make a long story short... I may have committed a class 1 misdemeanor according to Arizona law. I have not yet been contacted by the police. I want to know what to say if and when they come knocking on my door.

I know enough to know that the worst thing a person can do is talk to them since everything I say will be used against me later. I also know, without some sort of lawyer speaking for me, I'm going to end up getting the worst possible outcome, but I simply cannot afford to hire a lawyer right now. I think I would qualify for a public defender attorney, but how do you request one? And when? After they arrest you? And what do you say to request one of them?

So, this is what I am thinking of saying to them if and when they come knocking on my front door: "I take the Fifth Amendment and choose to remain silent. I request a public defender attorney at this time and will not answer any questions until speaking to a public defender attorney."

Is that the proper way to word it?

I figure a public defender attorney should be able to get a deal where I would have no jail time and maybe just some probation and a fine. But if I say something that may later be used against me, then I might mess up that future deal with the prosecutor.

At this point, it may never happen because the Phoenix police have a lot of more serious crimes to deal with than this prank that got out of control. But if it does happen, I would like to be prepared for it. I've seen t.v. shows where they start questioning people right away, without any attorney present, and those people end up saying things that are later used against them in court.

Rude deadbeat members should hire an attorney to get advice.

 

[TigerD]

Until he is indicted and arraigned he has NO RIGHT to a public defender.

I disagree with that.

TD

 

[Heir7]

This YouTube video answers all my questions: https://www.youtube.com/watch?t=182&v=q6hzZclbjLk

And this one: https://www.youtube.com/watch?v=z_ckcdtQ95w

Very useful for information.