July 2, 2008

Look Out - That Police Car is Bugged!

Recently I did some legal work for a man who is employed by a local city government in the vehicle maintenance department.   One of his jobs is to maintain police cars.  We were talking about all of the high tech equipment now found in police cars and he mentioned in conversation that more and more police departments are putting recording equipment inside the patrol cars.

The purpose of these recording devices is to record the statements and conversations of people who have been arrested.  Apparently, admissions and statements from these conversations have been used against defendants at trial.

So, the lesson to remember here: if you are arrested, ask to speak to a lawyer and say nothing more.  Assume that anything you say or do in the back seat of the patrol car is being recorded and taped.   If you end up sharing a ride to the police station with another defendant, say nothing to him.  If you end up in a holding cell, do not discuss any of the charges against you.

Our systems of justice provides that the state has to prove its case against you.   Often a particular act can result in a wide range of charges - from a minor charge all the way up to a serious felony charge.  Similarly, prosecutors may ask for a range of punishments in plea deals, and you can be sure that they are not your advocate in this regard.   Your defense attorney's job is to aggressively defend you and work for an acquittal if you are innocent of the charges, or to argue for the most lenient penalties under the law if you do have culpability.

The minute you get arrested, recognize that you are now in a system that is not so much about justice as it is about bargaining.  Your lawyer is the professional - let him speak for you.  The less you say is always the better.

Filed under Arrest issues, Punishment issues by Georgia DUI Law blog editor

Spread the Word!

Permalink Print Comment

Leave a Comment