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It’s Time To Talk 

By Ralaine Fagone

The media requests asking for an interview began the day my son James was arrested for murder. Over the years I repeatedly declined to speak, fearing the community would judge my faith and parenting skills. I determined when I was ready I would share my story, my thoughts, and my lessons on what I learned. The story has been told, so here I am, the time has come.  Friends, it’s time to talk. 

Do I need an Attorney?

 Believe it or not your future can be determined by one short word “do.” 

I wrote in my book Burden of Promise: When Tragedy Becomes a Teacher about the day James was taken into custody and questioned about a murder.  After one detective quoted the Miranda rights, my son responded, “Do I need an attorney?” 

That one short word “do”, asked as a question, changed James’ life. Without the benefit of counsel James told the police all that he knew or could remember about the horrible crime he’d been drawn into. If James had said, “I need an attorney”, all questioning would have stopped and with legal assistance, he could have revealed his knowledge as a witness for the state. His cooperation would have resulted in a more just sentence. Instead he is now serving life in prison without the possibility of parole.

If an officer approaches you with specific questions, you should first ask, “What is this regarding?” If it is a routine inquiry, be helpful so they can go on their way keeping the peace. 

However, if this contact involves an offense, ask “Am I a suspect?” or “Am I free to go?” If you aren’t free to leave the conversation, you are either under arrest or temporarily detained as a means to keep you and the public safe. 

Resist the nervous urge to explain yourself or give an opinion. If the questions noted above, regarding your detainment cause the officer to hesitate, it’s time to say, “I want an attorney.” Even innocent people with nothing to hide are wise to ask for counsel.  The words, “I want an Attorney” should stop further questions. If not, refuse to answer any questions until counsel arrives. 

Please Remember 

“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney.”[1]

Be clear in saying you want a lawyer. James hoped to get helpful direction when he asked, “Do I need an attorney?” It could be taken as a request for legal advice, which the officer wasn’t obligated to give. 

Our communities rely on the police to keep us safe and secure. I’m thankful for their presence and sacrifice. These public servants are called upon at times to become adversarial when their focus is on solving a crime. The same officers that help you, can also hurt you. It is up to you to know and exercise your rights.  Ask for legal counsel. Remember your future may be determined by one little word.  

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[1] “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” 

Coming Next: I will blog about how to prepare your children for the time they encounter the police. Sign-up and follow my blog so you don’t miss any helpful information.