<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>However, there are certain questions that the police may be entitled to ask, but only in the presence of counsel, who will make the determination of the accused's response.
We have all seen cases where police would be at least entitled to name, rank and serial number types of questions. Counsel has to weigh the response based on whether an answer could incriminate and failure to answer result in impeding an investigation.<HR></BLOCKQUOTE>
The problem that I see here is that once a police interrogation gets underway, even in the presence of defense counsel, especially if videotaped,the defendant , in his nervousness, will not be able to think clearly and trip himself up with his lawyer not having enough time to "muzzle him" in time.
I have been subjected to this type of pressure while being deposed on a number of occasions,and while appearing at trials as a witness, having made statements without thinking clearly, that made my attorney cringe.
I have also been told by lawyers that they had made a mistake in allowing their client to be interviewed/interrogated even in their presence , and that they had "hurt" their clients by allowing the interview/interrogation.
Of course, we would not impede an investigation, so the question is: can the attorney tell the police that he will provide them with a written report of his client's description of the events without subjecting him to a police interrogation?
I have some real horror stories to tell in my past experience of handling fatalities where defendants really dug their own graves by making statements they later did not even remember they made.
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote
there are certain questions that the police may be entitled to ask.
True. But can counsel say..fine..we will give answers in writing tomorrow?
[This message has been edited by Van Canna (edited January 15, 2002).]