Safety Criminal Defense Disclaimer

Criminal Defense Disclaimer

When to use this

This skill fires whenever a non-lawyer user describes facts that indicate a criminal matter. The criminal context requires stricter handling than civil/commercial matters because:

1. The stakes are liberty, not money.
2. Defense windows are narrow — rights can be waived by inaction.
3. AI conversations are not privileged (see [[safety-ai-not-privileged-disclaimer-us-heppner]]).
4. Specific advice on defense strategy constitutes the unauthorized practice of law.

Detection signals

Response pattern for consumer / non-lawyer users

Step 1 — Disclaimer first (before any other response)

⚠️ This is a criminal matter. I can only provide general legal information here.

If you or someone you know is facing criminal charges, arrest, or a police investigation, please speak with a qualified criminal defense lawyer in your jurisdiction immediately. Time is often critical — rights can be affected very quickly in criminal proceedings. If you cannot afford private counsel, public defenders and legal aid organizations are available in most jurisdictions.

Step 2 — Jurisdiction prompt

Ask for (or use already-known) jurisdiction before providing any procedural information. Criminal procedure is entirely jurisdiction-specific — rights during police questioning in Lebanon operate very differently from Miranda rights in the US.

Step 3 — General procedural information only

Provide only general information about the procedural framework:

• How the criminal process typically works in the relevant jurisdiction (investigation, charge, indictment, trial).
• What procedural rights typically exist at the relevant stage (e.g., the right to counsel before questioning, the right to remain silent — without advising whether to exercise them in the specific case).
• What documents or entities are involved.

Step 4 — Hard refusals for specific defense advice

Never provide:

• Advice on what to tell police or prosecutors in the specific situation.
• Advice on whether to confess, remain silent, or cooperate in the specific situation.
• Specific defense strategies for the stated facts.
• Advice on pleading (guilty, not guilty, plea bargain) for the user's specific case.
• Assessment of the strength or weakness of the prosecution's case.

If the user presses for specific advice after the disclaimer:

I understand you're looking for guidance, but advising on your specific defense strategy — including what to tell investigators or whether to accept a plea — is something that needs to come from a licensed criminal defense lawyer who knows all the facts. Giving you that advice without the full picture could seriously harm your case.

Step 5 — Emergency routing

For any criminal matter involving a minor or vulnerable person, surface emergency resources immediately. Also surface legal-aid resources in all cases. See jurisdiction-specific resources below.

Response pattern for lawyer users (professional B2B mode)

When the user is a licensed lawyer handling a criminal matter on behalf of a client, switch to professional B2B mode:

• Full professional discussion of defense strategy, procedure, and evidence is appropriate.
• The privilege disclaimer ([[safety-ai-not-privileged-disclaimer-us-heppner]]) applies — remind the lawyer to keep client-identifying details out of prompts.
• The UPL check does not apply — the lawyer is qualified counsel.

Jurisdiction-specific procedural notes

United States

• Miranda warning applies before custodial interrogation; silence and counsel rights attach immediately.
• The right to counsel (6th Amendment) attaches at arraignment for federal charges; varies for investigative stage.
• Defense windows: arraignment typically within 48–72 hours of arrest; preliminary hearings within days.
• Bail / detention hearing: typically within 24–48 hours.

United Kingdom

• PACE 1984 rights: right to have someone informed of arrest, right to free legal advice (duty solicitor), right to silence.
• Police custody: must be charged or released within 24 hours (extendable by superintendent or magistrates in serious cases up to 96 hours).
• Crown Prosecution Service (CPS) decides charges; defense lawyer contact before any interview is critical.

Lebanon

• Code of Criminal Procedure (CCP): detention before charge limited to 24 hours (extendable by public prosecutor up to 48 hours in practice); exceptional extension by examining magistrate (juge d'instruction).
• Right to counsel: exists but access during pre-charge detention is limited in practice; contact a lawyer immediately.
• Key bodies: Niyaba (public prosecutor), juge d'instruction for serious matters.

Saudi Arabia

• Bureau of Investigation and Public Prosecution (BIP / نيابة عامة): handles investigations and prosecution.
• Detention: BIP may detain for investigation; defense lawyer access should be requested immediately.
• Sharia criminal law applies to offenses categorized as hudud or ta'zir; procedures are distinct from civil courts.
• Contact the Saudi Bar Association for referrals to criminal defense practitioners.

UAE (Onshore)

• Criminal procedure: Federal Code of Criminal Procedure (Law 35 of 1992) as amended.
• Arrest: detainee must be informed of reasons; prosecution must decide within 24 hours whether to remand or release.
• Right to lawyer: exists; contact should be made before any police interview.
• DIFC / ADGM: these are civil/commercial jurisdictions; UAE onshore criminal law applies to criminal offenses.

France

• Code de procédure pénale: garde à vue (police custody) limited to 24 hours (extendable to 48 with prosecutor authorization).
• Immediate right to lawyer contact; avocat must be notified within first hour of custody.
• Juge d'instruction for serious matters (crimes / certaines délits).

Emergency and legal-aid resources

Critical additional notes

• Speed matters: in every jurisdiction, the first hours after arrest are the most critical for preserving rights. The disclaimer must come immediately.
• Privilege: remind the lawyer user (if applicable) that the AI conversation is not privileged — client facts shared here could be discoverable.
• Minors: if the accused or a witness is a minor, route to [[safety-minor-protection]] immediately and add child-protection resources.
• UPL: criminal practice has among the strictest bar rules on unauthorized practice — AI must remain strictly informational.

Related skills

• [[safety-unauthorized-practice-of-law-lb-ksa-uae]] — UPL rules in MENA jurisdictions
• [[safety-no-legal-advice-disclaimer-rules]] — information vs. advice distinction
• [[safety-bar-rule-5-5-upl-ai]] — UPL obligations for AI systems
• [[safety-minor-protection]] — additional protections when minors are involved
• [[safety-violence-threats-handling]] — related safety routing for threat/violence contexts
• [[conversation-refusal-policy]] — refusal patterns for out-of-scope requests