Bill Buckman at the PhillyNORML Freedom Forum 2009
William Buckman is a criminal defense attorney in New Jersey who recently published an excellent blog about how to handle police encounters: Always Remain Silent… What To Do When Questioned By Police. Bill is a prominent member of the national NORML Legal Committee and serves on the Board of Directors at NORML-NJ. The wisdom he shares is important reading for all cannabis consumers.
From In Bill’s Words March 2011 – I have practiced criminal law for over 30 years. I am still mystified as to why people under investigation speak to police. To try to help my clients I have placed on the back of my card the following:
My lawyer has told me not to talk to anyone about my case, not to answer questions, and not to reply to accusations. Call my lawyer if you want to ask me questions, search me or my property, do any tests, do any lineups, or any other identification procedures. I do not agree to any of these things without my lawyer present and I do not want to waive any of my constitutional rights. If I am being charged with DUI, I agree to a breath test.
Unfortunately too many people reach my office after they have spoken.
Let me be succinct: Of those of my clients convicted of an offense, 90% or more are convicted, at least partially, by something that came from their own mouths. The reasons clients give me for speaking are legion: “I just wanted to be cooperative; the police threatened me; I had nothing to hide;” etc.
Yet all excuses beg the question: Can you severely prejudice your case – guilty or innocent– if you speak to police. The answer is an emphatic “YES.”
I would note that a common misunderstanding among Americans is the fear that refusal to answer implies guilt. Whether this is true or not or what people may think of your decision to exercise your Fifth Amendment right (i.e. silence), should be dramatically overshadowed by the fact that what you consider a simple answer could land you in prison.
Read the full piece here, but the closing statement is worth emphasizing:
So if ever you are approached by police for “simple questioning”- please – JUST SAY NO or insist that your lawyer be present no matter how intimidating, threatening or even violent the encounter may be. It is far better to take abuse up front than to make a statement that can be used to hurt you for a much longer period of time.
Now that is some sound advice from one of America’s top lawyers for civil rights/criminal defense. Thank you Mr. Buckman!
Buckman Law Firm: http://www.whbuckman.com/
NORML Legal Committee: http://norml.org/index.cfm?Group_ID=3402
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Chris Goldstein is a respected marijuana reform advocate. As a writer and radio broadcaster he has been covering cannabis news for over a decade. He volunteers with local groups to change prohibition laws including PhillyNORML and The Coalition for Medical Marijuana New Jersey. He enjoys old-school hip-hop, vintage airplanes and changing the world. Contact chris { at } freedomisgreen.com