Why you should never talk to police
John Graeme
Mark Bennett, criminal defense lawyer
Graduate, Rice University, University of Houston Law Center
Member, National Association of Criminal Defense Lawyers
[excerpt]
Don't talk to government agents.
Almost everyone in prison is there because they talked to the cops.
They thought they could explain; they thought they could help
themselves; they wanted to tell the truth.
When the police want to talk to you, it's not for your own good.
They're not looking for evidence to clear you. They're looking for
evidence against you. They're looking to twist whatever you say --
true or false -- against you.
The police tell you, "we're your friends, we can help. Make it easier
on yourself. Confess now," so you confess, and go away for the maximum
anyway. The police are not your friends.
Or the police ask about a murder: "what do you know about it?" He
says, "I was there, but I didn't do it." They ignore the denial, write
down "he admits being there," and use that to convict him. The police
only hear what they want to hear.
Or the police ask about a robbery: "what do you know about the
robbery?" You say, "I didn't do the robbery. I just sold the guy
drugs." They charge you with dealing drugs, and you go to prison. The
police are sneaky. They are allowed to lie to you to get a confession.
You have a constitutional right not to talk to the police. That means
that your refusal to talk can't be used against you. If you keep your
mouth shut, nobody will legally be able to consider that in deciding
whether you're guilty or not. (The cops may think you're guilty, but
they think you're guilty anyway.)
You also have a constitutional right to a lawyer. If you say, "I want
a lawyer," the police are supposed to stop questioning you. Sometimes,
though, they don't hear you demand a lawyer. So you have to tell them
again. And again. And again:
Cop: Where were you Tuesday night?
You: I want a lawyer.
Cop: You don't need a lawyer, do you?
You: I want a lawyer.
Cop: If you're not guilty, why do you need a lawyer?
You: I want a lawyer.
Cop: I can't do anything for you once you get a lawyer.
You: I want a lawyer.
And so on.
If you've already talked to government agents, talk to a lawyer before
talking any more. Cooperating with the government is like having sex
with a gorilla -- you don't stop when you want to stop -- but if you
started talking without consulting a lawyer, a lawyer can tell you if
it is in your best interest to keep cooperating.
If you have an appointment to talk to the police, don't go. Talk to a
lawyer first. When the FBI (or DEA, or customs, or anyone else with a
badge) comes calling, don't invite them in. Unless they have a
warrant, bar the door. Pull the blinds. Call a lawyer right away. Even
if it's the middle of the night, call me.
After investigating the case and hearing the truth from you (never lie
to your lawyer), your lawyer and you may decide you should talk to
government agents. In very rare situations, this is a good decision.
It should never be done without an investigation, and it should never
be taken lightly.