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s E Manl-ID; LHBSAP1 LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 7-26 REQUEST TO USE TELEPHONE 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, such person requests permission to telephone an attorney, relative, or friend, the request |should be granted unless there is reason to believe that the call would jeopardize a continuing investigation. | Where the request involves a toll call or long distance charge, the Agent who has custody of the person may allow the call to be made at FBI expense if in his/her judgment the call is justified. The appearance 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 attorney, friends, or relatives. **kEFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 7-27 LEGAL ADVICE BY AGENTS | (See MIOG, Part 2, 7-2.1.)| Agents are not acting as attorneys for persons interviewed and under no circumstances should legal advice be given or an attempt made to answer legal questions. Agents who are attorneys should not deliberately make known their legal training. If an Agent who is an attorney is questioned regarding his/her legal training, he/she should state that he/she is an attorney but that he/she is not in a position to give legal advice or answer legal questions. Agents should not interview subjects, subsequent to the initial interview, to determine what plea the subject will make on arraignment. If a USA should make such a request, he/she should be informed of FBI instructions. **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: |7-28| ADVICE OF CHARGE; LOCAL CUSTODY On the arrest of a subject, or interview of a subject in custody of other authorities, Agents have the duty of informing the subject of the offense charged in the warrant. It is not necessary to explain the nature of the charges in detail greater than the language of the offense named in the warrant. These instructions do not alter instructions regarding cooperation with USAs and U.S. District Courts in obtaining statements from subjects in noncapital cases who indicate 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. ~SENSEFIVE Printed: 05/05/2004 13:08:54 Page 22