Read and learn

Yesterday I posted THIS, a story about a Patriot who’s home was searched without a warrant by federal agents after they intimidated his wife and family.

I’ve got a few words of advice for y’all.
First off, never ever let any LEO or feds into your home. By doing so, they have implied consent to search, if for no other reason than ‘for their own safety’. Do not step out on your porch to talk with them – they can then arrest you for whatever trumped up charge they want.
If they want to interview or ‘chat’ with you, go ahead – but do it on your terms. Do NOT go to the station or their office to do it. Agree to the interview but stipulate that it will be done in your attorney’s office with him/her and a recording device present. At that point, contact your attorney and tell him/her what just happened.
If they agree to the interview on your terms, consult with the attorney before answering any questions. Do not run your mouth. Look to your attorney for approval as each question is asked. Listen to your attorney – unless you’ve been to law school, you’re way out of your league. Let the smart one in the room make the decisions as to what questions should be answered and how.
If the LEO or agents do not agree to your terms, that’s on them. You attempted to cooperate, it was their decision at that point to not interview you.
Yes, an attorney is going to cost you money but ask yourself this – Would I rather be out maybe 500 bucks or 25 years? That’s a no-brainer to me.

How do you find an attorney that’s schooled in the Constitution and more importantly, shares your views on short notice?
You don’t. You line one up now.
After I did that post yesterday, I contacted an attorney via email that I have used before and trust and asked her for a recommendation. I told her what I was about, gave her the link to this blog, told her why I felt I might need such an attorney in the future and asked if she knew one that would be willing to help me should the need arise. Within 30 minutes I had a name, location and the fact that he gives a free consultation. So guess who I’m calling Tuesday so I can set up an appointment?
Uh-huh. I ain’t real stupid, ya know. I’ll be walking out of his office knowing my ass is covered and with a handful of his business cards to give out to Miss Lisa, a couple of friends and my mother so they know who to contact in case I should get locked up for any Patriot activities.
I would suggest that you do the same.

*****

And this was submitted as a comment by an attorney. I’m posting here as well as the comments so that it will be more visible.

Kenny:
Let me add my two cents. I am an attorney and have had some dealings with the feds. Do not talk with them under any circumstances without talking with an attorney first. I would not even give a federal agent directions to the end of my driveway if he/she was standing in it.

You can be charged with a federal crime simply by a federal agent saying you said x when you said y. Think about that for a moment.

They do not have to have you under oath, recorded or otherwise verify what you allegedly said. If the jury believes the agent over you (and they usually do) and you are convicted the punishments are draconian. I advise my clients to never talk with the feds ever ever ever ever (usually unless there is an immunity deal in place). No good can ever come from an individual dealing directly with a federal agent without the representation of an attorney. Sometimes it’s bad even with legal advice (see Martha Stewart and her dumb ass attorneys letting her talk to the feds without blanket immunity).

If the feds show up assert the 5th assert the 5th assert the 5th assert the 5th etc until they go away then hire an attorney to deal with them.

This entry was posted in III Percenter, Patriots, Wirecutter. Bookmark the permalink.

10 Responses to Read and learn

  1. drjim says:

    Wise advice in these troubled times, Ken.

    I’m going to do the same thing after the weekend.

  2. gone galt says:

    Kenny:

    Let me add my two cents. I am an attorney and have had some dealings with the feds. Do not talk with them under any circumstances without talking with an attorney first. I would not even give a federal agent directions to the end of my driveway if he/she was standing in it.

    You can be charged with a federal crime simply by a federal agent saying you said x when you said y. Think about that for a moment.

    They do not have to have you under oath, recorded or otherwise verify what you allegedly said. If the jury believes the agent over you (and they usually do) and you are convicted the punishments are draconian. I advise my clients to never talk with the feds ever ever ever ever (usually unless there is an immunity deal in place). No good can ever come from an individual dealing directly with a federal agent without the representation of an attorney. Sometimes it’s bad even with legal advice (see Martha Stewart and her dumb ass attorneys letting her talk to the feds without blanket immunity).

    If the feds show up assert the 5th assert the 5th assert the 5th assert the 5th etc until they go away then hire an attorney to deal with them.

    • Wirecutter says:

      Yessir, that was the point I was trying to get across.

    • Wirecutter says:

      I’m also going to add this to the post to make it more visible than it would be in the comments. Thank you.

    • From advice I got a while back; Asserting the 5th does not stop the questioning. They can keep asking and you can keep asserting your right. I was told that if you tell them you will not answer any questions without legal council, they have to stop asking any questions at all. Legally, after you assert your right to council, they can’t even ask you if you want something to drink. IANAL so take it for what you paid for it.

  3. skidmark says:

    Besides putting the attorney’s number on speed dial, put a few business cards in your wallet and on a slip of paper that has the contact numbers of other folks you might want to get in touch with in any situation. Maybe even work out a telephone tree with a few close associates that leads back to the attorney. (Yes, if need be threy can hire him to represent you.) In addition to all that, I have another paper list along with a number of $20 bills that lives in a waterproof screw-top pill fob I wear around my neck, as well as posting my contact list to my personal info on Medic Alert (I need to be a customer but thankfully have not yet needed their services).

    One is none, two is one, and backing up the backup of the backup is not a bad idea.

  4. Rickvid says:

    An episode of Homicide Life on the Street featured a first person point of view of a police interview. The camera is you. The details are a bit fuzzy after all these years, but the gist of the event and advice is that in the interrogation room, NOBODY is your friend. NOBODY. Say NOTHING without a lawyer right there, recording everything.

    When the character Mike Kellerman, played by Reed diamond, joint the squad from arson, he interrogated a suspect who burned abandoned buildings. This time, though, a bum and his dog were sleeping in a building and were killed. The suspect was very very good. The cops got nothing out of him, but they knew he was guilty. They wrapped up, thanked the guy for coming in and all started to leave. Just then, Kellerman asked him why he killed the dog. The guy said, “I didn’t know the dog was in there.” Boom, got ‘im. Not all cops are bad, certainly, but you have to be careful.

  5. Jim22 says:

    Ken,

    I linked your post over to The Real Revo. Good advice. It needs to be shared.

    http://therealrevo.com/blog/?p=103747

  6. xtacsgt says:

    Don’t forget the fed catch all charge of lying to an agent

  7. Ken says:

    Thanks for the great advice.

If your comment 'disappears', don't trip - it went to my trash folder and I will restore it when I moderate.