Always Speak to a Lawyer First

A story reported by the Orlando Sentinel on Friday demonstrates how much a case can be changed by the actions of a lawyer. It also illustrates how important many of the procedures of the law are, and how much the trial can change from one day to the next.

The story involves a woman by the name of Caryn Kelley. Kelley was accused of killing her boyfriend in 2011. Her boyfriend was shot, and there are conflicting stories of how it happened. She claimed that the man shot himself in the dark while they were fighting over a gun. 

However, the story has changed several times, which is the cause of the most recent legal fight.  The trouble came with the way that Kelley was questioned by the police who arrested her. She claims that several of the statements she made came before she was read her Miranda rights. She was also compelled to make several other statements before her lawyer arrived.

The judge who reviewed the questioning took issue with the behavior of the questioning detective. Apparently, the detective was not responsive to Kelley’s requests for a lawyer, and he prevented her from having her phone call long after she had asked for it. 

The judge decided that the detectives numerous attempts to keep her from speaking to counsel was not appropriate, and was obviously designed to draw out a confession that she was not willingly giving. As a result, the judge threw out most of the testimony that had been collected from Kelley, keeping only statements that she had made after she had a chance to work with her attorney.

Now however, the prosecution is trying to get that removed testimony back into the trial. The decision to throw out the testimony has been officially appealed by the prosecution, and will be considered soon. This action has delayed the trial until a later date while the judge has the chance to decide whether the potentially incriminating evidence should be allowed or not.

The people of West Palm Beach should have the right to expect that the police officers who arrest them are knowledgeable about the laws that they are enforcing, so it is always tragic when something like this happens. The right of arrested persons to contact and consult with their lawyers is well-protected, and it is rarely ever wise to surrender this right.

If you are ever arrested, you should realize that the police may attempt to get you to speak before you’ve had a chance to speak to your lawyer. They may hold you for a very long time, act like your chance to call a lawyer has already passes, or use other methods to make you feel helpless. 

You need to remember that this is not a privilege, it is a right. No matter what the police say, you are not obligated to speak to them without speaking to your lawyer first. Your criminal defense lawyer in West Palm Beach will be able to tell you what you need to do. 

If you need a lawyer in West Palm Beach right now, we hope you’ll talk to us.