TOP TEN LIST OF WHAT YOU SHOULD NEVER DO IF YOU ARE SUSPECTED OF A CRIME OR THE TARGET OF A CRIMINAL INVESTIGATION
- Unless you are a victim or a witness, when a police officer ask to question you it usually means that he suspects you have committed a crime and he is seeking a confession. Do Not agree to go to the police station voluntarily. You must contact your attorney at once. If you do not have an attorney get one before ever agreeing to meet with the police.
- Police interrogation by it's nature is psychologically coercive. The police officer is normally looking for a confession or other information to corroborate his suspicions & support his case. Do not be mislead. Seasoned criminals know that they can only hurt themselves by giving a statement. Unfortunately, it is the innocent or those unfamiliar with the system who allow themselves to be tricked by the officer. Be aware of this, the law allows the police to use what is referred to as trickery to get information
- Someone who is innocent and unfamiliar with how the police operate far too often fall for this: POLICE OFFICER" We just want to clear up a few issues so we can eliminate you as a suspect. Do not fall for this.
- A police officer will use every interrogation method permitted by law (and some less scrupulous ones will stretch those tactics) It is not uncommon, in fact it is the norm for a Police officer to make you question your decision to exercise your constitutional right to remain silent & your right to refuse to speak without having an attorney present. One of the most common techniques used is this: YOU: " I want an attorney" POLICE: " Why would you want an attorney, I mean if you really are innocent, if you have nothing to hide then what will it hurt, what harm can come from speaking to us. If you really want a lawyer we will get you one, but let me tell you this. Once the attorneys get involved we can't help you anymore" Remember this & continue to repeat it " I do not want to answer your questions. I want my attorney> DO not ask me any more questions"
- Keep in mind, if the case has progressed to the point that you are being interrogated, the Police have no interest in helping you, furthermore they really have no authority to help you. Only the District Attorney can offer you any sort of leniency or immunity in exchange for your statement
- Do not, I repeat Do not waiver in your demand for an attorney. You must unequivocally assert your right. " I think I may need a lawyer" or " Should I have a lawyer?" or" I don't know, It would be best if I had an attorney" None of these statements are sufficient. Nearly every Court in the land has held that the above are NOT an exercise of on's right to remain silent or right to an attorney" It must be clear & unequivocal.
- Do not fall into this trap. Once you assert your right to an attorney all questioning must cease, however most interrogators will make you question your decision, but even worse is this. The police must refrain from asking you questions about this particular crime. They are however permitted to ask you basic questions for purposes of identification: IE: name address, date of birth etc. The problem comes from the police holding you long enough to make you uncomfortable. The more uncomfortable we become the more probable we are likely to initiate a conversation with the police. Do not get trapped in the safety net of having asked for an attorney. Silence & time often make a person ask the police a question, like "so what is it you think I did anyway?" Bingo you have now waived your initially asserted right for an attorney because now you have initiated the subsequent conversation with the police, hence inviting them to question you
- Modern interrogation tactics although designed to illicit a true confession from a guilty suspect who claims he is innocent often have the effect of inducing a false confession from a person who is actually innocent.Juveniles, people with mental health problems, and people who are intoxicated or are on drugs or medication are particularly susceptible to the psychological pressures of police interrogation.
- Modern Police interrogation tactics can and do include intentional trickery such as lying to a suspect and telling him that they have strong evidence of their guilt such as fingerprints, DNA, surveillance video or statements from eyewitnesses when in fact no such evidence exists. Do not fall for it.
- Finally, the police are famous not just for the good-guy/bad-guy routine. Yes this is really true it happens everyday and normal intelligent people fall for it everyday. Even more commonly used is the police convincing you that your friend, relative, brother, sister, wife, husband, girlfriend, boyfriend, parent, child has turned on you and has named you as the "main person, the most culpable" They will take some fragment of what they learn from someone you trust and twist it with facts from the case that you may or may not be aware of and make you start to panic. They will then rush you, often parading the other suspect by your interrogation room so that you give weight to their lies. Then they will tell you that time is running out that the first one to confess gets the deal. Stop right there, never allow yourself to be rushed into making a statement, never make one without your attorney present. If you begin to feel antsy and uncomfortable then there technique is working. Remember this if you forget everything else:If the police truly had anything significant or concrete on you, you would not be sitting there being "interviewed" you would be under arrest. Never go to the police station without an attorney for questioning, but of you do make the mistake all is not lost. Only when you make a statement have you increased the odds 90% of charges being brought & a conviction sustained. Stand up, ask if you are under arrest? ask if you are free to go? Chances are you are & have been. Get the H-LL out while you can. If they are not arresting you, you have no reason to stay
