Welcome back toCome Back With a Warrant podcast.I'm Brandon Dennitz.And I'm Monica Schack.Before we kick-start this week's episode, this is your reminder that this podcast is not legal advice.It's real, unfiltered, and for entertainment purposes only.If you need to speak with a lawyer, call one.Or better yet, call us.Call us.Welcome to Come Back With a Warrant.I'm Monica Scheck.I'm Brandon Dennitz.And today, we are talking about common questions we get.So we are gonna be answering them for you, questions we've gotten online from our followers and current audience, and questions I honestly get all the time as a criminal defense attorney as well.So these are questions that I think just a lot of people have in general about criminal defense, having a lawyer, all the things.So the first thing I think we can talk about is, you know, if you didn't do anything wrong, why shouldn't I just talk to the police and tell them what happened?Uh, because it's a terrible idea.The truth is that the police can and will use everything you say against you.And if they don't have a case, then they are building a case by talking to you.The police, if you need them and you are in an emergency, you call them, and they will, you know, they'll come and they'll be helpful.But if you're in an investigation position, you're being investigated, or if you're having an involvement with the police based on some sort of interaction like a traffic stop or an encounter with them on the streets, you need to be very careful with what you're doing.It's important to hire a lawyer because we can speak to the police on your behalf, the things that we say are not gonna be used against you, and we can find out what's going on.So ultimately, what I tell people is to not make any statements, to be polite, and tell the police that you'll call them back and get your attorney on the phone and give them the information for the police and let them talk to them.Like, comments I get in response to that is like, "Well, if I stay quiet or if I hire a lawyer, they're gonna use that against me and say that I'm, like, being sketchy."You know?And that's not actually allowed.There's laws that prohibit that from happening.You are allowed, you have the right to a lawyer, especially if, well, if you are being investigated, and you have a right to remain silent if you are being questioned and you're in custody or potentially being, facing charges.So you should not ever think, like, "If I do it the other way where I am playing it safe and hire a lawyer and stay quiet or choose to consult with one," that that would ever be used against you because the government knows they can't use it against you.The only person that would think that would be you in that scenario.So the best thing to do is just to reach out to an attorney and make sure that whatever you're doing is safe, including making statements.Some solid advice.You cannot talk your way out of it when you are talking to the police.You can talk your way into something, like an arrest or a new charge or an investigation, but you cannot talk your way out of it.So getting an attorney involved is the best way to protect yourself and to be able to move forward if the police are contacting you.Asterisk on advice, this is not legal advice.Correct.I was like, let me just CYA right now.But telling people to get an attorney if you're speaking to police is more of our ethical duty than anything else.Yeah.And so oftentimes, I see this play out in, like, cases where police show up to a s- scene and they're unaware of what's going on and they're oftentimes trying to figure out what happened and people are, like, unsure."Maybe I should say something, maybe I shouldn't say something."The best thing to do is say, "Am I a suspect at this time?"You know, "Am I being questioned because you're suspecting me of potentially committing the crime?"And if they say yes, then you say, "Okay, I need to contact a lawyer.BRB."And even if you can't leave, just step as- side and make a phone call.Be polite and say your favorite podcast host said if they were ever in this position to- Come back with a warrant.call a lawyer and come back with a warrant.So the next question is, um, about Miranda.When do I get my Miranda rights read to me?And I get this all the time where it's like, "Oh, you know, I didn't get my Miranda rights read to me, it should get dismissed."And let me tell y'all, that's not the case.No, it is not.You are only, you are only required to be read your Miranda rights when you're in, 1, custody, and 2, being asked questions.So maybe you're not in custody.In your mind, you're handcuffed and in jail.You could be considered in custody when you're being pulled over on the side of the road.So there is a lot of different cases that analyze what being in custody means.And that's what we lawyers do, is that we analyze the, wording means and then we argue if that's considered being in custody or if you're being interrogated and all the, all the things.But just because you're being arrested and you were not Mirandized or told your Miranda rights, you do not get your case thrown out.That's not a thing.Correct.Unless, let me just preface this, and I wouldn't even say unless.What would happen is if a statement came out in violation of your Miranda rights, that statement would be thrown out.But that doesn't get rid of the entire case.Correct.And one area that this comes up a lot is in DUI cases.People often say, "Well, I wasn't read my Miranda rights on scene during the traffic investigation," and you're not, they do not have to read you your Miranda rights at that point.In a DUI investigation where it's no crash involved, they typically don't read you your Miranda until they're asking you questions down at the station after they've already asked you to provide a breath sample and after you've already been arrested for a DUI.That's, uh, a situation where in a certain traffic investigations, you're not entitled to a lawyer, you're not en- entitled to be read Miranda right away.And that's something that people get confused oftentimes and think, "Well, my case is now either really strong because this didn't happen or it should get thrown out because this didn't happen."And that's just not the way that it works.No.You were found asleep behind the wheel.parked in an alley.That's not- You were passed out in the median.That's not your defense.Right, that's not gonna happen.And so, there is also the, the, uh, and this is tying into Miranda.There's also the issue of if you're just potentially a witness in that situation, should you still speak to the police?And there is, this is kind of a gray area, because you could become a suspect while speaking to the police.Right, it depends.I mean, if you're the witness to an incident that you're not involved in at all, then yeah, speak to the police and you can tell them what you observed, what you saw.If you are someone that just saw a bank robbery happen, you can tell the police, "I," what you saw.You're clearly not the one that's being investigated at that point.Yeah.I think sometimes that, in, in that scenario, it could switch where it's like the police start getting a little bit more interested in you based off the information that you're providing to them.Sure.And in those scenarios, I think that if you sense that, you stop and ask, "I, you know, are you guys suspecting me?"And then if they say yes, then, "I need a lawyer."You know?Or "Can I have a moment to call an attorney and make that call?"Because at that point, they can be a little bit more assertive with the police and be present for questioning, and if they're like, "Okay, well this seems like they're more," like if they're not free to leave, then that seems to be that they're in custody and they're being interrogated, they should have known their Miranda rights, and at that point, you should be able to argue that those statements get thrown out.But if you don't take those steps, like the, the, for being in custody, the question is, "Am I free to leave?"Like, if you wanna know if you're in custody or not, just ask the officer, "Am I free to leave?"Right.Because if they say no, then you're in custody technically.If they say yes, then you could technically just leave, you know, at that point, if you feel like it's getting a little risque.Little heated.So, and you know, we touched a little bit on, on the topic of speaking to the police prior to investigations in another episode, but can you refuse to meet with the police?Yes.And so, in this scenario, I always try toSo there's different ways you can meet with the police.You can be voluntarily go in, right?And they could ask you, "Hey, come down to the station and talk to us," whatever, and then- Don't do that.Yes, and that's, in that situation, immediately call an attorney.But with a subpoena, if you get a subpoena, and this isn't usually to come to the station.Mm-mm.It's usually- For court.court.And that's because you've been listed as a witness somewhere or, you know, you're related to a case.And at that point, you cannot, obviously this isn't directly from the police, but police are the ones that deliver the service to you, and, not always, sometimes I should say, depending on the scenario.Mm-hmm.And at that point, you know, just comply with the subpoena because if you don't, you could be held in contempt.That's a, I, I wouldn't even, I don't know if I would even c- compare the 2 scenarios where it's like- No.volun- voluntarily going in versus a subpoena.Right.But- If the police, if the police call you and say, "Hey, we wanna talk to you, can you come down to the station and answer a few questions?"The answer can be no.You do not have to do that.There is no legal obligation- Yeah.to do that.Whether or not that impacts your case, let your lawyer worry about that.I can tell you it will impact your case in a negative way if you do go down to the station-and you start making statements that your lawyer can't take back.That is gonna hurt your case, and that's something that you don't wanna do.And yes, I agree with that.So and just like leading into the issue of, like, since I brought it up, like, the subpoena situation, ignoring a subpoena, you could beIf the person sending you the subpoena wants to enforce it, they could by asking the judge to hold you in contempt.So that's a way that it could be enforced and used against you because you're not cooperating with law enforcement or the government in any way.But you know, you, ultimately, when it comes to police questioning, you can say, "I don't wanna talk to you."Um- Be polite about it.Yes.But no, I can't.Yeah, and if you spoke to them before, before you contacted an attorney, you know, like, I always say my job is like really damage control at that point.I am trying to avoid further issues for you.I can't change the past, and if I evidence to show that your rights were violated, then I will file the appropriate motions in court.But otherwise, just let me handle everything else with damage controls.That's the, the only other, like, add-on I'd say about, like, if you had already spoken to them before hiring or reaching out to a lawyer.But there's another common question we got, we get, which is, "Can they search my phone or home without a warrant?"And so, you are l- so let me start with this.Law enforcement can go into someone's home without a warrant, but only in emergency circumstances.Correct.And emergency circumstances are, like, one of 2 scenarios.1, like, someone's in danger and they, like, see, and oftentimes it's, like, somebody running in the street with a gun.They have probable cause to arrest them in that point, but they run into their house with the gun, and now they can't get the person because they don't have a warrant to get in the house.No.There's an exception for that where law enforcement can follow him in and get him.It's an exigent circumstance.Correct.Right.And then, well, that's more so, like, p- protecting the evidence in terms of- That's the other- Yeah.That's the other- So, yeah.That's the other side of the coin.If there's not an emergency going on, then there is the potential that the destruction of evidence, the old, you know, flushing- Drugs.kilos of cocaine down the toilet.Down the toilet.And that's just, that's the common, common scenarios where it would be an exception.But other than that, yes, they need a warrant.Come backThat's what you need to say to them.If they're at your door and they're like, "Step outside, we wanna talk to you," technically what would you say?Do you have a warrant?Yeah.You need to, uh, in order for them to, because if they wanna arrest you inside your house, they have to get you to come outside.Correct.So if they have a warrant, they would just come inside.But if they don't have a warrant, they're gonna ask you to step outside.They'll knock on your door and say, "Come outside."Open the door, peek out the door.Open, open the window.Talk to them through the window.I don't know.I don't have that access in my house.I would have to, like, just be like, my, my door is like a clear door.I think you- You can see right- You brought up a good point that I, I wanna touch upon.Should I tell my lawyer everything?The answer is yes.Your lawyer needs to be armed with all of the information possible in order to give you the best defense, because the last thing that your lawyer wants is to be surprised by information from the state or from the police or from the evidence that something completely contrary to what you told them.And the reason that I bring this up is, if you've already spoken to the police, your lawyer is gonna say, "Oh, they don't want you talking to the police."But since you've already done it, you need to make your lawyer aware- Yes.and tell them that you did it and tell them exactly what you said, because it's gonna come out anyways, and you want your lawyer to have that information ahead of time.That is not the same thing as me saying whether or not your lawyer is going to have some care or judgment against you that you did it, because they're not going to.I don't, I don't care- I don't care either.if my client did anything.What I care, and I've said it on this show, is whether or not the state attorney's office can prove a case against my client.That's what matters.I don't have any judgment for my client's behavior.I, I am focused on, what can I do to fight the allegations, and does the state have enough to prove what they're trying to prove against my client?Nothing is more frustrating, and this is kind of a personal lawyer thing, I guess, because the clients are very unaffected by this until this happens, where I am either talking to the prosecutor or saying something in court based off of a lie my client told me, and there is something else to show otherwise.And I'm like, "Okay, that is so annoying because first of all, it affects our strategy.Like, now I have tosecond of all, you just made me look like a fool.third, now everybody thinks I'm lying."Now everybody thinks I'm the liar in court, which obviously, like, I don't think that they think that deep about it.I don't think they're like, "Oh, Monica's a liar."But I think they end up coming to the conclusion that I was not told the information.Your client lied to you, and then you relayed that information.I don't- I think that's exactly what happens.And then- And I've caught people in lies in court before, and I've never thought that it was the lawyer putting out there the, the lie.Usually it's something that they only could have found out from their client, and whatever that information is is not helpful to their client.No.And then it ends up making, making you as the defendant in the case look worse because, not that you wanna impress the prosecutor, but you don't want the prosecutor to have more negative ideas about you when they're the ones giving you an offer that could potentially go depart from, like, the guidelines in a felony case.You don't want them thinking negatively of you.You don't want the prosecutor to think negatively of your client or of the case.Yeah.You want the, the opposite.Yeah.You're, we're providing them mitigation information to make our clients look better.Exactly.Not make our clients look worse.And if our clients get caught in a lie in court, they look worse.Yeah.The person that's making the offer is now saying, like, "This guy's a liar."Why am I gonna cut them a break?Exactly.And we rely on information you give us.So that's why it's important.Like, not that everything that they say to us is what we say in court.Of course not.Of course not.Everything's private.If it's beneficial, if you're telling me something beneficial, I'm gonna use it.So just be honest with your attorney.And I, I, I find that a lot of times when people call me for a consult, they feel the need to explain themselves or having to show that this is not who they are.And I understand that on, like, a human level.But at the same time, in just, like, a professional setting, I really could not care any more than- I don't have a judgment, and I, I don't give a shit.Yeah, exactly.Like, I don't care, and like, if this is some- like, if you can provide me with information that would ultimately help you, I'll use it.If not, then forget it was ever said, and I will keep an eye out if it's something that comes up in the case as evidence.Is the state privy to this information, really is what I need to know.Right.And how they could.And if it's, if it manifested in a video or whatever, I need to know that because if it's gonna come backI need to be prepared.So, always be, you're, you'reAnd I think this is also goes back into, back in the days, I guess when it was like, you know, like the mafia and the like, whatever.I don't even know if this is back in the days.But like, when it was like bigger and like people were talking about like the- the New York gangsters and stuff- Mm-hmm.where they had like attorneys that were like extensions of their families and they- Secularies.Literally they were like their in-house counsel.Right.And they were treated as family and their confidant, like that person was privy to all the information.Not that they were partaking in like the crimes, maybe some, but that's not what the purpose was.It's really, that's really how you should treat your lawyer, as like an extension of you.Like, you should tell them everything as you're the person that would, you could confide in because ultimately sometimes my clients don't even know what certain information is, what is important and what's not important.Like, and I have to just like pry out, you know, I'll have to ask a bunch of questions like, "Oh," like, "I didn't realize."And then other times I'll have clients that just like word vomit everything.But just a little add on, I think that that's also like a cultural thing where like people are just like, they're- th- very mu- much so like mistrusting of like attorneys in general.And, you know, when you get, when you find, when you find a good lawyer, hey, Brandon and I, you can rely on us and trust us to not obviously repeat information.True.Next question.Should I delete texts or social media posts if I'm worried?No.Ultimately I tell my clients all the time not to delete anything that they already have up there or have done because if we know they're under investigation or if they've all ready been charged, that's gonna be potentially tampering with evidence if the posts are evidence of whatever the crime is that they are alleged to have done.I don't want my clients posting criminal activity at all.You know, we've talked about that.But whatever is all ready out there by the time they get to me, I don't want them to add anything to it, I don't want them to delete it from it.I would like them to stay off of social media once they have an open case because there's nothing good that comes of it, especially if they see themselves on social media, that's always a bad thing and that happens all the time.But everything that you're posting is being preserved and whether you delete it or not, it can still likely be found.So, don't delete.It just is gonna make you look guilty, especially if whatever you're deleting is showing the misconduct.Unless you are unaware that they're being, investigating you, then delete.Well that's, that's different, yeah.By all means, yeah.Like if you heard this episode and you're like, "Maybe I should just delete something-" Yeah.If you're listening to one of our episodes and you think you have things up there that you shouldn't have- Do it now before you can't.you can delete that now before you're investigated.Um, and so how long can people get investigated for before getting charged?This is a good question I get a lot.This one depends.This is about a few things.This comes down to the statue of limitations on certain charges.This also comes down to the police resources and the time that they're gonna invest, and the state attorney's office and the time they're gonna invest.The investigation can go from the police directly to my client where my clients get arrested directly by the police, or the police take their investigation to the state attorney's office, let the state attorney's office decide what they wanna do and then move forward with the investigation.But that whole time you could say, "My client is being investigated."So, it definitely depends on what the charge is because of the statue of limitations, but ultimately most investigations even if they take a few months, that's gonna be okay in terms of no issues with timelines or- or timeframes for law enforcement or the state attorney's office.Yeah, usually the lengthier investigations are the more serious crimes.Right.So, it really depends.It could be months, it could be a year.Obviously there's like, m- you hear, we all hear about like, the c- like cold cases that have never beenThey never found the person that was like accused of, or not accused, that they never found the person that allegedly committed the murder or the rape and then years later they get a hit on someone and they're like, "Oh," you know?So like, they began the investigation a decade ago, 2 decades ago, but then they get something showing that it's tied to this person- Right.20 years later and then they can charge them.So, that is also something that's come up.I have not personally seen that in my caseload where it's been like, you know, 2 decades later and someone's been found after me.No, I, I don't have any cold cases, but I also don't have anyI've also never seen like a misdemeanor that was being investigated for longer than a few months.Yeah.You don't, you don't see- That's a long time for a misdemeanor.You don't, you don't see that.And that's usually just police waiting for toxicology reports or surveillance video- Yeah.or phone records.But- Exactly.other than that, I mean those investigations are onlyThey're, they're pretty quick.Yeah.And this one's a good one.Can I be arrested without knowing I'm under investigation?Yes, and that's exactly what I'm kind of referring to.If there's probable cause, uh, to make an arrest, the police can make the arrest just based on the probable cause.Yeah.And that's, that's it.So there doesn't need to be an investigation the way that we're thinking of it.There technically is still some sort of investigation when you're arrested for probable cause because something had to have happened that the police became aware of, and that they learned about, and that's what led to the, uh, them developing probable cause and making the arrest.Yeah.But- So-that doesn't necessarily mean that you have to know that they have probable cause until they arrest you.Correct.Um- Which often happens with DUIs and other misdemeanors.Exactly.So inThe next question, and I think this is a really interesting topic, is, um, you know, about snitches or what people consider snitches.And- Do snitches really get stitches?Will Brandon and Monica finally answer the question?Listen, I think they get less stitches.They do not get stitches for the most part.Yeah, um, and the reason why is because we call thisWell, I've, I've only heard attorneys call it queen for a day.I don't know if it's a formal thing.So yeah, what we're talking about is the subject of the proffer, also known as the queen for the day, also known as Castegar.There's a bunch of different ways that it's referred to.But ultimately what this is, is when a defendant in a criminal case speaks with the state or the government openly and says everything about the case and provides any information that they can that is related to the case and th- and the case matter.The reason that they do this is that they are given a promise that this information will not be used against them if they do not lie about it and if they'reand if they comply with any other agreement that's made with, uh, the state, usually to testify.The benefit can be huge because it can mean the elimination of criminal charges.But you are snitching in order to do that.Yeah.You may be snitching mostly on yourself, but typically when you're talking about a proffer situation, you're snitching on somebody else and you're giving information about somebody else or an organization, um, or aGiving that proffer, yes, it is, it is akin to snitching.Yeah.It is the same thing as snitching.Yeah.And you're technicallyAnd the reason why it's called queen for a day is because you're like immune for the day, right?Like you don't have to, umThat, that information won't be used against you.Like, you still have your pending case, it doesn't go away, and that's a, that's another part to talk about is like this thing is like an arrangement.So it's something that's done afterI shouldn't say after because sometimes it's before, but the times that I've seen it, it's been, my client's been arrested, charged with a crime, and it's usually involved inThey're involved in something that's way bigger than them, like they are one small piece of the puzzle.And the police are aware of that, but they don't have all the information and they want more information.So what they do is they'll contact the State Attorney's office and they'll ask them toIf their, if our client's interested in a proffer and will arrange it based off that.And if the client's willing, then there's this whole thing that you go through with them where it's like, you know, even though you're gonna be giving them information, there's no guarantee that your case isyou know, there's no guarantee your case is gonna go away, there's no guarantee that you're gonna be considered immune from like your case and all the things.Yes, you're immune from whatever you're saying in that moment, that's the only guarantee really, you could stillThey make it very clear, like you could still be prosecuted to the full extent of the law if they wish.Mm-hmm.Um, so that's al- also kind of like the risky part, but oftentimes if they are led somewhere with the information that you provide, they will cut you a break.And this oftentimes does not require you to go all the way to trial and testify in court because that statement is ultimately being leveraged in the other cases or being able to be used against the people that they're investigating that are the big dogs in whatever enterprise they're, they're trying to, they're trying to get.Usually I've seen it in, you know, obviously like d- drug, drug trafficking cases.Mm-hmm.Um, and I've seen it in like the PPP loans and like the fraud cases.Organized schemes to defraud, it comes up.All of theYeah, all of the white-collar crimes- Mm-hmm.where it's like, you know, one person is filling out an application for a bunch of other people and trying to get them- Yeah.all these, all this free money, honey.So that'sAnd we call that a proffer too.So, you know, that's oftentimes what it, what it is and it's, it's very long.It's like the police sit there and they just question your client and you're just sitting there likeYeah, I, I, I'mI have a case right now, a white-collar case that I'm on, and we did a proffer at the State Attorney's office where we went in for over an hour and my client, you know, spilled his guts to the prosecutor andHe was looking at significant prison time, and now the case is gonna be going away.Yeah.So it's a huge benefit to your clients.I mean, you have to think about people that are sitting in a chair that are facing a minimum mandatory of 10 years in prison, and they have that hanging over their head where no matter what they do, if they're convicted of that charge, the judge has to start at 10 years.They know that.They know they're dead to rights, so what other option do they have?This is something that presents them with an option that can either get their case thrown out or significantly reduce the charges, and it's huge.It's huge for the client that I have right now, and it's huge for clients that I've had, you know, that have done proffers before.thankfully, I have never had one go- Yeah.you know, haywire on me or, or backfire.And I've never had anything happen where my clients, like, got hurt or something because they snitched on somebody.Like, I've never had any of that.Yeah, like retaliation.Yeah, I've never had that happen.Yeah.And I think that could come into play more probably if somebody is testifying in court.Yeah.Um, because these proffers are private for the most part.Like, it's the state attorney is there, the inve- usually the lead investigators are there, and then you and your client.Right.So it's a very small meeting, but everybody who, like, is a player in the actual case is present.Um, and, you know, that's justI can definitely see it going wrong if somebody's on the stand and there's like, it's an open courtroom, anybody can go in there and see that this person's testifying against this person, they go back ou- on the street and then- Yeah.you know, especially if it's a violent, violent charge.So, um, but against the queen for a day vibe.I think it's, if it's offered, I definitely tell my clients to consider that offer, considering the facts of the case, obviously.Um, and I think that- Considering the amount of jail they're facing is usually when it becomes, like, kind of a no-brainer.Yes, obviously, because of the score sheet too.Yeah.And the minimum mandatories, like you said.These sessions usually lastHow long do they usually last?I would say, like, at least- Oh, an hour.uh, yeah, I was gonna say at least an hour.I've never had one last less than 2 hours, actually.I, I think the last one I had was probably about that long, about maybe an hour and a half.Yeah, because they have free rein, right?You know?Like, you're providing yourLike, they're like, "Okay, let's do it."You know?And they'll, they'll ask you questions.Well, and especially in a white-collar case, they're going over stacks of evidence-and bank records with my clients, so- So much evidence.you know, it takes, takes a long time.Yeah.Yeah, it does.And can you bring stuff with you or can the person who's proffering bring stuff with them, like documents or texts?Or is it better just to talk during a proffer?No, usually you are asked to bring any of those things with you.Mm-hmm.You're usually asked to bring any documents or, um, pictures, text messages, emails, bank statements, anything that you can.You're, you need to bring all of that stuff with you.You wanna be able to present the best and strongest case, and if you can supply additional evidence, which is kind of what you're doing anyways, that's gonna put you in the best position.It makes a difference, because I think it shows that, like, you're taking initiative to really give it your best, even if maybe you're like, "I don't really have all the information."Like, I don't know the entire extent of everything and the invo- involvement of everything, but if you show like, okay, if I'm going to go do this, like, go, go in and do it.Don't just half-ass it, you know?So when people go in and they're like, "Oh," like, "I don't know," yeah, that, the state can see that, and they're gonna take that into consideration if they want to not give you a break, which we've said we haven't seen.Like, it's still, you know, in writing, it's still on the agreement that you sign, but that's not a guarantee.I think it's wise to bring everything you possibly can toUsually the investigators have it, and they'll be like point- they'll have their own things, they'll whip it out and be like, "Do you recognize this person?"Or whatever."Who is this person?"And oftentimes, there's street names involved- Mm-hmm.and all the things, but even if you don't know people's full names, police are still privy to people's street names, and they'll be like, "Oh, you know, we know."I don't know.Oh, I was really- I was gonna-hoping you were gonna drop like a crazy- I was gonna say something.like pep- Yeah."We knew Pepe by his street name."Yeah, literally.I wasn't gonna go with Pepe.I was gonna go with something more gangsta.Well, you know, my street name was Pepe.A little bit, a little bit cooler than that, but- Ore- I, uh, yeah, I'm very, I'm very hood, soUm, so does the government ever pressure people into proffering, or is it always voluntary?Um, it's voluntary.Always?It's always voluntary.And this is, this, again, comes down to the right to remain silent.You are not required to do this.Right.You're not required to self-incriminate- No.and that's exactly what you are doing with, by doing a proffer.Yeah.So that's why you do it with a lawyer, and a lawyer is the one that sets it up and- Yeah.handles this.It's not something that you can say, "Oh, well, I mean, I don't need to have a lawyer representing me to do that."No.Like, you absolutely need a lawyer to do that.And I don't think a proffer is gonna get set up without a lawyer involved.Yeah, I- There's no way that that would ever happen.No, I don't think so.I think it would look really bad on- Yeah, everybody.the state's evidence when they're trying to present it in court for- Yeah.against the other person.If they have a lawyer, they'd be like, "Okay, well, let's look into how this proffer was conducted."Yeah, exactly.You know?But these proffers are conducted behindLike, if there's co-defendants, those co-defendants don't know about the proffer.Correct.Like, it's a, it's like a hush-hush thing between that specific defendant, their counsel, and the attorney.The state attorney.So, that's also another aspect of it.And the last one on proffering, uh, once you proffer, are you stuck?Like, can you take it back if you change your mind?You are stuck because the bottom line is now you're promising that everything you said was true.So, if you lie, the problem is now they can use that statement against you.Yeah.And now you've just given more evidence and more ammunition to the state attorney's office, whereas you could've just said nothing- Exactly.and done nothing, so.Yeah, because you could've just said, "I don't wanna do the proffer."Right.So, cat's out of the bag now.You can't just like stop.No, you can't, you can't take it back.I mean, you can technically.Yeah, exactly.You can technically stop it, but- You can stop in the proffer and say, "I don't wanna do this anymore."But you- Yeah, it's, it's kind of too late.You, you, you can't take it back.Right.Yeah, it's too late once you've said too much, so.But that wraps up all of our questions on this specific episode.We will be doing more of these.If you want to submit questions, you can do so on our social media platforms and if you enjoyed listening to this, make sure you like, comment, subscribe, give us a five star review.We're on all platforms, Comebackwithawarrant.pod, and if you don't like listening to usCome back with a warrant.