Saturday, May 18, 2013

Don't talk 2

We will be exploring the reasons why you shouldn't speak to government agents before speaking with an attorney first.

As we explore this topic, however, I want to put in a statement from my friend and fellow criminal-defense attorney Mark Bennett.  Mark, in his usual fashion, explains things very well and very succinctly:

"The following advice is worth millions of dollars, countless years in prison, and many saved lives.
If everyone followed this advice:
Many fewer people would be charged with crimes. They would, collectively, be saved millions of dollars in attorneys fees (not to mention lower taxes from needing fewer prosecutors and judges).
Of those charged with crimes, many fewer would be convicted. They would, collectively, be saved countless years in prison.
Of those who avoided prosecution or conviction, many would also avoid the death penalty. Their lives would be saved.
I give you this advice for free:
Don't talk to government agents.

Almost everyone in prison is there because they talked to the cops. They thought they could explain; they thought they could help themselves; they wanted to tell the truth.
When the police want to talk to you, it's not for your own good. They're not looking for evidence to clear you. They're looking for evidence against you. They're looking to twist whatever you say -- true or false -- against you.
The police tell you, "we're your friends, we can help. Make it easier on yourself. Confess now," so you confess, and go away for the maximum anyway. The police are not your friends.
Or the police ask about a murder: "what do you know about it?" He says, "I was there, but I didn't do it." They ignore the denial, write down "he admits being there," and use that to convict him. The police only hear what they want to hear.
Or the police ask about a robbery: "what do you know about the robbery?" You say, "I didn't do the robbery. I just sold the guy drugs." They charge you with dealing drugs, and you go to prison. The police are sneaky. They are allowed to lie to you to get a confession.
You have a constitutional right not to talk to the police. That means that your refusal to talk can't be used against you. If you keep your mouth shut, nobody will legally be able to consider that in deciding whether you're guilty or not. (The cops may think you're guilty, but they think you're guilty anyway.)"

Well said, Mark.


NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             


 

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