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TEEN fale dle Ue i ee, RS SENSITIVE Manl-ID: LHBSAP! LEGAL HANDBOOK FOR SPECIAL AGENTS PART 1 —_—_— eee The language of the proper warning of rights and the waiver, contained on FBI Form FD-395, is as follows: YOUR RIGHTS Before we ask you any questions, you must understand your rights. You have the right to remain silent. Anything you say can be used against you in court. You have the right to talk to a lawyer for advice before we ask you any questions. You have the right to have a lawyer with you during | the| questioning. Tf you cannot afford a lawyer, one will be appointed for you before any questioning if you wish. If you decide to answer questions now without a lawyer present, you have the right to stop answering at any time. I have read this statement of my rights and I understand what my rights are. At this time, I am willing to answer questions without a lawyer present. **EfFEDte: 03/26/2003 MCRT#: 1268 Div: D9 Cav: SecCls: 7-3.4 |Deleted| **EFEDte: 07/26/1999 MCRT#: 915 Div: D9 Cav: SecCls: 7-3.5 Right to Lawyer; Ability to Pay No attempt should be made in giving the warning to determine, or distinguish between, those who are unable to pay and those who are. The right to counsel includes the right to have counsel appointed 1f the accused is unable to pay. *kEFEDte: 11/10/1988 MCRT#: 0 Div: D9 Cav: SecCla: 7-4 WAIVER OF RIGHTS| (See LHBSA, 7-2.1 (1).)| Before a statement can be admitted into evidence, the Government must prove that the suspect fully understood the warnings SENSITIVE Printed: 08/20/2003 06:43:34 Page 5