Sheriff Investigating Wiener Restroom Pic;
Meeting at 9:30 AM Tomorrow
The San Francisco Sheriff's Department has apparently launched an investigation into the circumstances surrounding the photo I took of Scott Wiener on October 26 in the second floor public men's room at City Hall.
My attorney Derek St. Pierre spoke with a senior deputy from the sheriff's office, who said I am not under arrest nor facing any charges at this time and he simply wants to speak with me about the photo and what transpired in the men's room.
Derek and I have agreed to speak with the senior deputy at his office at 25 Van Ness Avenue at 9:30 am tomorrow. If all goes as expected, I will be shopping at the UN Plaza farmers' market before the morning is over, but if a worse case scenario plays out and I'm arrested, my attorney will be working on my behalf to have me released.
Wish me and Derek the best of luck.
Michael, I urge you in the strongest possible terms to attend that meeting ONLY with you attorney present. I have just completed three years of law school and am studying for the Bar exam this February. I have been a Certified Law Student at the Superior Court in San Joaquin County for two years. I tell you more people get into trouble because they don't have an attorney present during questioning.
Remember the Miranda Warning: "You have the right to remain silent. If you choose to speak, anything you say can and will be used against you in court. You have the right to consult with an attorney prior to questioning and to have that attorney present during questioning. If you cannot afford one, an attorney will be appointed to prior to any questioning."
Exercise you right to remain silent until have spoken with your attorney and he is there with you during questioning. Please, I beg of you, however smart you think you are and however much you think you know the law, police spend years learning how to question suspects and obtain useful information.
One simple misstatement could result in a charge of terrorist threat or invasion of privacy. Typically, a bathroom is a place where people have an expectation of privacy and taking a photograph there could well violate California's very strict privacy laws. At best, this issue is murky and a trained criminal practice attorney (not the guy that made your Living Will and Durable Power of Attorney or established your property trust) is an absolute requirement.
Please, you are not only in danger, but you would place a horrible burden on your spouse and deprive your loyal readership of your thoughts for a few years (California prisoners do not have Internet access).
Reschedule if necessary, but attend ONLY with a competent attorney.
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