The police want to talk to me. Should I talk to them?

Most of us want to talk. Some of us mistakenly think we have nothing to hide. Others think they are so smart they can talk their way out of trouble. Nine times out of ten, they are wrong. There is a saying among prosecutors and police: “We only catch the dumb ones.” It’s basically an admission that if the defendant hadn’t confessed, they’d have no case.

Even where is no confession, telling lies (and getting caught) can provide just enough extra proof needed to make the conviction stick.

By now you realize that I don’t think it’s wise to talk to police about your case, but if you LISTEN CLOSELY to the police, they will tell you the same thing.

An earlier post covered the requirement for police to read a person in custody their Miranda warnings before questioning them. Often–out of an abundance of caution–the police will read those warnings even when they do not have to.

Most law enforcement officers carry the card shown below in their pocket and read directly from it. If this happens to you, YOU SHOULD LISTEN: This may be the best advice a police officer will ever give you.

Notice the question at the very end of the warning card.

• It says: “Do you wish to talk to us now?”

• The answer to that question should be: “No, I want to talk to a lawyer.”

This is perfectly OK.  See WARNING NUMBER 1, above.

The reason you should not answer any questions is noted in WARNING NUMBER 2, which reads: “Anything you say can and will be used against you in a court of law.” (Did I say this was good advice or what? Could this get any clearer?)

Until you have a chance to talk to your lawyer, do not answer questions (or say anything to anyone) about your case.