DON’T TALK TO THE POLICE
DON’T TALK TO THE POLICE
It may seem strange advice. Most of us are raised to trust the police, to rely on them in times of trouble. And so you should. But don’t talk to them. When the police stop you for a traffic offense or want to ask you about a crime, the most important advice any attorney could give is: STOP TALKING. The only words that should come out of your mouth are: “I have nothing to say.”
The biggest reason not to talk to the police is this: It cannot help you. Let me repeat that. No matter how smart or eloquent or well-educated you are, talking to the police cannot possibly help you. You cannot talk your way out of getting arrested. Legally, it can’t be used to help you, either. You’re probably aware that anything you say to the police can be used against you in a court of law, but did you know that it cannot be used to help you? That’s right - the police can use your statements against you but couldn’t use them to help you if they wanted. Ridiculous and unfair as that is, that’s the law.
Most of us are honest people who have never committed a crime and never will. Asserting this to the police is not going to help you. It will hurt you. How? Most people, if they talk long enough, will make a small mistake, say something that isn’t true, or that can be misunderstood or misrepresented. And that’s all that’s needed to crucify you. Even if you are perfect in your statement of innocence, the police may remember the conversation differently than you. They certainly aren’t going to take your word for it.
For many people, not talking is a very uncomfortable situation. The police will take advantage of this; that’s their job. They’ll suggest that things will go easier for you if you cooperate. Always remember that the police are allowed to lie to you in order to get a confession. Don’t be fooled - no matter what they say, don’t talk.
Most people wind up talking to the police even when they know they shouldn’t. It’s a natural human reaction to authority. Some people believe they can talk their way out of trouble. Others believe that if they don’t explain how they’re innocent, the police will believe they’re guilty. Most just think they have to talk to the police.
Your right to remain silent in the face of questioning is enshrined in the United States Constitution. The Fifth Amendment, which gives you that right, was not created to protect the guilty; it was created to protect the innocent. The Founding Fathers well knew the abuses common to governmental interrogation. They knew that words can be twisted, misunderstood, misremembered, misrecorded and misused. It isn’t the guilty who “take the Fifth”, or even the innocent. It’s the smart people who simply say “I have nothing to say.”
This isn’t just my opinion. Justice Robert Jackson, former attorney general of the United States and chief prosecutor at the Nuremberg Trials said “Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to the police under any circumstances.”
To be clear, this isn’t just when you’re accused of a serious crime. It’s any time a police officer wants to question you about anything.
Examples:
Police: “Do you know why I stopped you?”
You: “I have nothing to say.”
Police: “Do you know how fast you were going?
You: “I have nothing to say.”
Police: “Sir, have you been drinking tonight?”
You: “I have nothing to say.”
Police: “If you weren’t at this robbery, why not just say that?”
You: “I have nothing to say.”
Clear enough? Even if you’re 100% innocent and are so smart that you won’t make any mistakes, just about anything you say can be used to convict you, even a complete denial. Don’t be foolish: be silent. Only discuss your case with an attorney - and no one else.