If you are arrested...
You’ve made a mistake. And
now you’ve been arrested. You’re sitting in the police
station and the "nice" policeman wants to talk to you. He
says it will go easier on you if you level with him. He
offers you a cigarette, some soda, and maybe says you can go
back to your family as soon as you talk to him. You want to
talk to him because it’s just a mistake, and you’ve only
done something a little wrong, and if you just explain it
maybe it will go away.
It won’t go away. The biggest
mistake you can make is to think that the police are your
friends and that if you just tell them what happened, it
will go easier. It won’t go easier.
The first job of the police
is to find "crime". Their second job is to blame someone for
it. They are there to do their job. For it to go easier on
you, it’s up to the prosecutor, maybe the judge, and
certainly a skilled defense attorney, It’s not up to the
police. If you think it is, you’re making the biggest
mistake of your life.
The police are trained to ask
questions, trained to be nice, trained even to lie to get
you to talk to them. Did you know that when the FBI was
investigating the bombing at the summer Olympics in Atlanta
they invited that poor security guard down to headquarters
to watch a movie in the hope that in that "casual"
atmosphere he would talk to them? The FBI didn’t tell him
that! And this is perfectly legal.
What you should do, at your
earliest opportunity, is to tell the police that you want to
speak with an attorney. At that point all questioning by the
police must end. They may ask you to fill out a Miranda
card. This is their excuse to start a conversation with you.
You should, and you must request an attorney. Do it, It
takes a little courage. You are all alone in a police
station, and no one else knows you are there. They may even
threaten you, or slap you. Be courageous. Tell them you want
an attorney. Insist on it. They will leave you alone.
My experience is that the
easiest way for the police to "solve" a crime is to have you
confess to it. Many people are in prison based only on that
"confession". You don’t have to become one of those people.
Every client who agrees to speak with the police, even if
"off the record" is putting one foot inside a prison cell.
It never helps you to speak with the police.