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| i Beat poe cock UB i a SENSITIVE Manl-ID: LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 ———_—_—__—-—__——————---_- 7-26 REQUEST TO USE TELEPHONE mid dudes Ah Rl If, during an interview with a subject, suspect, or person under arrest, prior to an appearance before a U.S. Magistrate, U.S. District Court judge, or other committing magistrate, ua person requests permission to telephone an attorney, relative, request|should be granted unless there is reason to beli eall would jeopardize a continuing investigation. | Where involves a toll call or long distance charge, the Agent r friend, the ve that the the request ho has custody of the person may allow the call to be made at ra expense 1f in his/her judgment the call 1s justified. The appearan e of a person under arrest before a U.S. Magistrate, U.S. District Court judge, or other committing magistrate should not be delayed solely for the purpose of permitting such person to confer with an attonney, friends, or relatives. **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: 7-27 LEGAL ADVICE BY AGENTS | (See MIOG, Part 2, 77 Agents are not acting as attorneys for person and under no circumstances should legal advice be given 4 made to answer legal questions. Agents who are attorneys deliberately make known their legal training. attorney is questioned regarding his/her legal training, state that he/she is an attorney but that he/she is not to give legal advice or answer legal questions. Agents § SecCis; 2.1.) | s interviewed ran attempt should not he/she should n a position hould not If an a who is an interview subjects, subsequent to the initial interview, what plea the subject will make on arraignment. such a request, he/she should be informed of FBI instruc **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: | 7-28 | ADVICE OF CHARGE; LOCAL CUSTODY If a vet to determine should make ions, SecCls: On the arrest of a subject, or interview of a custody of other authorities, Agents have the duty of in subject of the offense charged in the warrant. It is no explain the nature of the charges in detail greater than of the offense named in the warrant. These instructions instructions regarding cooperation with USAs and U.S. Di in obtaining statements from subjects in noncapital case a desire to be brought before the court for the purpose of waiving grand jury indictment under Rule 7(b), Federal Rules of Criminal Procedure (FRCP), or where a subject desires to plead guilty or nolo contendere, waive venue, and be sentenced in the district of arrest under Rule 20, FRCP. SENSITIVE Printed: 08/20/2003 06:43:34 Page 22 ubject in orming the necessary to the Language do not alter trict Courts who indicate AN ‘o MRS ed