What to do if a friend of mine is being questioned by the cops about a bag of marijuana that they think fell out of her pocket at school?

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What to do if a friend of mine is being questioned by the cops about a bag of marijuana that they think fell out of her pocket at school?

They claim to have video footage. What can she do? And what should she say to the cops?

Asked on March 25, 2013 under Criminal Law, South Dakota

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Before she talks to them, she should request to see the video footage.  They are not required to show it to her at this point in the process, but some will show it anyhow.  Before talking to the cops, she should hire a criminal defense attorney to go to the meeting with her.  It is possible that they are saying that they have video footage in order to trick her into confessing.  Even if they don't trick a confession, they could potentially take any of her statements out of context to make it look like she is guilty.  Bottom line, talking to an investigator without representation is risky because it often results in a waiver of rights.  If she cannot afford an attorney and they keep pushing her, she should tell them that she is willing to talk to them, but she would like an attorney appointed to help her-- just like they recite on their Miranda Cards.  If they are really interested in talking to her-- they'll arrange for the attorney.  However, considering the quantity that you are probably talking about, they are just trying to trick a confession and getting an attorney for her will be too much work for them.   


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