It is a well known fact that Criminal Lawyers tell their clients not to speak to police. Anything said can be used against a person and typically exculpatory (helpful, “I’m innocent” type) statements are inadmissible in Court.
David Anber, one of many Ottawa Criminal Lawyers is no different in that he always — well almost always tells his clients not to speak. Typically Mr. Anber will go into great lengths playing out scenarios that police will use to trick a person into talking including:
– The “Don’t talk, but listen” approach;
– The “this is your opportunity to tell your side of the story” approach;
– Various forms of trickery including props etc.
– Mocking or disregarding advice not to talk;
– The good cop bad cop approach;
– The use of a 2nd tape recorder which appears to be turned off;
As such, David Anber has advised hundreds of people not to talk to police, under ANY circumstances.
Mr. Anber did, however once, and only once advise his client to talk to the police.
In this case Mr. M was under investigation when a former workplace colleague said he had sexually assaulted her on a number of occasions including fondling her breasts in the storage room of the store where they worked.
After speaking at length with the officer, Mr. Anber was amply satisfied that the police had reasonable and probable grounds to charge Mr. M. However Mr. Anber saw a rare opportunity where the detective appeared to sincerely be willing to reconsider those grounds in light of an exculpatory statement.
Knowing that police will often pretend that this is the case, Mr. Anber reviewed the fact situation very carefully and advised the client based on the client’s situation.
Never before had Mr. Anber given such advise and it is unlikely that such a scenario will produce itself in the near future. However, the client followed Mr. Anber’s advice, gave a statement to the police and no charges were laid.
To anybody reading this, it is important to know that this is probably a 1 in 1000 case and is generally not the right approach. This case was very unique. Before speaking to police you should speak to a lawyer and know that the advice will almost always be to say absolutely nothing.
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