Legal Question in Legal Ethics in Washington
Ethics violation or unauthorized practice of law in Hawaii, New Jersey, or Fede
A member of the NJ Bar, is employed in HA as a police investigator. He tells a suspect: he has a J.D. and is an attorney; his advise is not invoke the right to remain silent and to an attorney, but to make statements, because the charges and punishments would be less; the charges could be resolved (captain mast, special or general court martial) depending on whether he reported that the suspect helped the officer, or invoked his rights.
Later investigator told suspect's attorney argued: under the UCMJ it was better to cooperate, than to invoke his rights, because the punishments would be less;the attorney's experience was as a civilian criminal attorney, not the UCMJ, and therefore his advice was better, since he had JD and was familiar with the UCMJ; threatened that how the charges were resolved (captain mast, special or general court martial)depended on whether he reported that the suspect talked and helped, or whether the suspect invoked his rights.
1 Answer from Attorneys
Re: Ethics violation or unauthorized practice of law in Hawaii, New Jersey, or
If there was a misrepresentation, and it can be proved, the statement given under those circumstances may be subject to a successful legal challenge.
It is generally true that if one is guilty cooperating with law enforcement may reduce the impact of a criminal conviction; it is never advisable to do this, however, without first obtaining the advice of an experienced criminal attorney.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
