A. Do not speak with law enforcement agents. When they want to talk to you, do not talk with them. Ever. You have the constitutional right to remain silent and you should always exercise it. Still not convinced, do not take my word for it, listen to what former United States Attorney General and Supreme Court Justice Robert N. Jackson had to say on the subject: “Any lawyer worth his salt will tell [a] suspect in no uncertain terms to make no statement to police under any circumstances.”
But, why you ask? Because he already believes that you may have committed a crime, and he may have some evidence to support his belief, but he wants to talk to you to strengthen is case against you before you speak to a lawyer and before he arrests you. Yes, that is right, he is going to arrest you, but he will not tell you that up front.
You will not be able to talk your way out of trouble. Forget it. Won’t happen. Why? Because there are too many ways it can go badly for you. Even if you are completely innocent, he will not believe anything you say anyway, except the parts of your statement where you either confess to the crime or incriminate yourself. If your lawyer is not present in the room with you, do not say anything, don’t nod your head yes or no, don’t make any gestures indicating agreement or disagreement, and don’t sign any written statements, consent forms, or written statements.
But, you may ask, if I am innocent and have nothing hide, what could possibly be wrong with talking to a law enforcement agent. Well, for starters, you are helping them build their case, instead of letting them build it without your help. Other risks include:
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