"Don't talk to the police - ever!"

Good advice. Be calm and polite. Name, rank and serial number. THEN SHUT UP.

It's a toss up. Cops can be like comparing one race and trying to figuare out if they are demon or angel.

Yeah.. the old "good cop/bad cop" routine.

There's a video lecture, please watch it. :)

"Law Professor James Duane (Part 1) talks about the importance of keeping your mouth shut around the police. Officer George Bruch (Part 2), from the Virginia Beach Police Department then responds to Mr. Duane's remarks by further reinforcing why innocent people should never talk to the police. "

Why not talk to the police?"
1.
There is no way that it can help.
You can't talk your way out of getting arrested
You can't give them any information that will help you at trial. [See Federal rule of |Evidence 801 (d)(2)(A)]
What you tell the police is only admissable as evidence against you and cannot be used for you.

2.
If your client is guilty -- even if he is innocent - he may admit his guilt with no benefit in return.
What's the rush?
In Federal Court, 86% of all defendants pleade guilty at some point before trial.

3.
Even if your client is innocent and denies guilt and mostly tells the truth, he can easily get carried away and tell some little lie or make some little mistake that will hang him.

4.
Even if your client is innocent and only tells the truth, he will always give the police some information that can be used to help convict him.

5.
Even if your client is innocent and only tells the truth and does not tell the police anything incriminating, there is still a grave chance that his answers can be used to crucify him if the police don't recall his testimony with 100% accuracy.

6.
Even if your client is innocent and only tells the truth and does not tell the police anything incriminating and his statement is videotaped, his answers can be used to crucify him if the police don't recall their own questions with 100% accuracy.

7.
Even if your client is innocent and only tells the truth and does not tell the police anything incriminating and the entire interview is videotaped, his answers can be used to crucify him if the police have any evidence - even mistaken or unreliable evidence that any of his statements are false.

Last Edited by CelticLegends on 08/08/2009 07:46 AM

Excellent link OP - certainly was an eye-opener.

From the moment the cop says "you have the right to remain silent" do not say a word. When they ask "do you understand" do not reply. By not saying anything it shows you do understand, but if you reply "yes I understand" you have given evidence that could potentially be used against you.

In the language of "legalese" - which incidentally you should NOT interpret as plain English, when you are asked by a person with any legal authority "Do you understand me?", and you reply "Yes.", you are actually giving them power over you. ie- you're acknowledging "I stand under you".

Always remember, police, lawyers, judges, prosecuting and defence advocates speak Legalese - not English.

Last Edited by CelticLegends on 08/08/2009 09:32 AM

This is correct. You must never, ever answer this question. No matter what they say, nor what threat they make, you must bite your tongue and say nothing until you are given a lawyer to represent you, then speak only to the lawyer.

for the late crew

That video is one of the best around on the subject.

Law Professor James Duane presents it well, it's informative but also entertaining.