by Robb Stokar, Esq. 06-01-2008 02:00 AM
Recent news reports have indicated that an SUV registered to Buffalo Bills running back, Marshawn Lynch was involved in a pedestrian hit and run early Saturday morning. However, it is still unclear if Lynch was driving the vehicle or even in it at the time of the accident.
“Marshawn’s attorney is out of town and will address it when he returns so the team will decline to comment at this time,” the team said in a statement.
The big question for Lynch is “now what.” If I were Lynch’s counsel, I’d advise him to do exactly what he’s doing; playing football at mini-camp.
In situations like these police offers often ask people to come in to the station for a “voluntary statement” or “just to answer a few questions.” This is a sneaky, although legal, way for the police to obtain possibly incriminating statements without much investigation. Many people believe the Miranda warnings* must be given every time an individual speaks with the police. This is simply not true. Miranda is triggered by two factors: custody and interrogation. Without both, no need for Miranda. In the case of a voluntary statement, the interviewee is not in custody, free to leave at any time, and a lawyer does not need to be present. Thus, the police can ask a variety of questions, obtaining information that may or may not be used later in the case. It should be noted, however, that in these situations many police departments do read Miranda warnings to individuals and have them sign a form indicating an understanding and waiver of Miranda to avoid any future problems for the prosecution.
Coming back to Marshawn Lynch, avoiding this “interview” situation is his best course of action. If he was involved, it will be easier for him to fight the case by saying nothing, than trying to fight a voluntary statement. If he were my client, I would advise him to live his life as he would on any normal day. When the police approach him, and the likely will, I would counsel him not to make any statement, hand my business card to the officer and instruct the officer that any questions be directed to his lawyer. If the officers approach him for a warrant for his arrest, he should go with them and immediately ask to call his lawyer. In the meanwhile, he should say nothing. The third option is he discovers there is a warrant for his arrest and the police want him to turn himself in on his own recognizance. In this instance there is little the attorney can do before the arrest, but should accompany Lynch to the police station. Immediately the attorney should inform the police no questions are to be asked of his client and the client is to be processed and released as quickly as possible. Then the real fight begins.
The lesson from this situation is simple. Marshawn’s best course of action, as is anyone’s who is being investigated, is to keep his mouth shut.
*Footnote: The Miranda warnings is the legalese for what we see on TV when the police say “You have the right to remain silent, anything you say can and will be used against you. You have the right to speak to a lawyer….”
Published 06-01-2008 © 2024 Access Athletes, LLC
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