If you are charged with a crime, it is up to the state to prove beyond a reasonable doubt that you are guilty. You are not required to help the state prove your guilt. In fact you have a right not to talk to the police. No matter what the police say. No matter what they may offer. No matter how much they try to intimidate you. Do not talk with the police until you have consulted with an attorney.
Yes! Believe it or not the police do not have to tell you the truth and nothing can be done. Even if they say that they will cut you a deal if you talk with them, what they say is not binding. Your only defense is to ask for a lawyer and do not say anything.
Everyone has heard it on TV. You have the right to remain silent. You have the right to have an attorney present before questioning. If you give up that right anything you say can be used against you in a court of law. -- Listen to those words. If you are a suspect you cannot convince the police of your innocence. Let your lawyer do that. Keep Quiet!
You do not have any special rights just because you have not received a Miranda warning. If you are not warned it only means that they cannot use what you say against you.
You never know if you are a suspect until it's too late. The police are not required to give you a Miranda warning until you are a suspect. If you even think that it's a possibility ask for a lawyer and refuse to talk to the police.
No! Not unless they are willing to place you under arrest. Do not volunteer to go to the police station for questioning. If asked, inform the police that you want to talk with your lawyer and that your lawyer will make all arrangements as to whether you will be interviewed. If you are arrested ask for a lawyer immediately and say nothing.
Criminal defense is too complex to even begin to answer all of your questions. If you understand nothing else, understand that the best defense you can have prior to talking with an attorney is to say absolutely nothing. Do not admit or deny charges. Do not tell the police where you were. The only thing that you should say to the police is that you want an attorney and that you will not talk with them. Too many people have been convicted when the police did not have a case because of what they said. Don't handcuff your lawyer.
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E-mail to Jan W. Head
Jan W. Head, Attorney At Law - 1345 Warwick Avenue - Warwick, RI 02888 - Tel: 401-463-9151