"Don't Talk to the Police" by Professor James Duane

Even if you're innocent and not under suspicion, you can be jailed for things you say to police. Just don't talk to them without a lawyer by your side. Even when you're just a witness, even when you are the one who called the cops, you can be arrested or prosecuted later for things you say.

Don't talk to the police without a lawyer, because [paraphrased]:

1. It can't help you. They can arrest you no matter what you say -- and probably will. What you tell police can't be used to help you at trial. Save it for court. Don't try to talk your way out of something after the police show up.

2. It's possible to admit you're guilty or say something incriminating, even by accident. Save it for court.

[It also doesn't help to admit guilt when the cops insist that they will go easier on you if you confess. So many kids fall for this one! It's just a lie they tell you in order to get you to self-incriminate so they won't have to prove anything. Cops can lie to you, but it's easy to get thrown in jail merely for lying to them (ask Martha Stewart). This is particularly true for the Feds. Some people would also get off on bad busts except for the fact that they admitted they were guilty to the police.]

3. Even if you are innocent, if you make a mistake when telling your story -- even by accident -- you could get convicted later as a result.

4. Even if you are innocent and tell the truth and only the truth, you might still give the cops information that could get you convicted in court. Prosecutors need to convict someone, so they look hard for someone no matter how far fetched the case may be. The 5th Amendment protects you from incriminating yourself, but only if you don't do it. Keeping your mouth shut is the only way to be sure. Innocent or guilty, the 5th protects you. Don't waste what little protection you have by talking.

5. If you talk to the police, regardless of what you say, they could easily remember what you said badly, exposing you to the possibility of being wrongfully convicted in court.

6. Even if you are videotaped.

7. Especially if the authorities then turn up someone with even mistaken or unreliable evidence that contradicts your statements.

[Tip: Television has nothing to do with real life and it may be entirely misleading about police and court procedures.]

[And last but not least, the big lie that will not die: Undercover police and informants can lie when you ask them if they are the police. There is no magic police deactivation phrase!]

: Thank you very much officer, but I can't talk to you without my lawyer here.