KNOW YOUR RIGHTS -- Keep your mouth shut!
People are often confronted with the following situation:
You are stopped on the side of the road by a police officer. He walks up and starts asking questions. One of the questions might be "do you have any weapons," or "do you have any drugs on you?" The most dangerous question that the police commonly ask is, "can I search you and your car?"
What are you required by the law to do in this situation? The simple answer is "nothing." Our U.S. Constitution allows you, as a person living in the United Statess, to refuse to answer any of those questions. First, because you have the right not to incriminate yourself. Second, because you have a right to have a lawyer present during any questioning.
The fact of the matter is, in my law practice, the client's worst enemy in any criminal prosection is the client him (or her) self.
Things become complicated when the police are actually investigating the person for some crime, and it's not just some random stop. Often police inspectors, or investigators from the district attorneys office will intimidate the client by telling them that "it will be better for you if you cooperate." Additionally, the police will actually LIE by saying, "I'm here to help; I just want to clear some things up."
DO NOT BELIEVE THEM! Once you open your mouth, you are doomed, because the police are crafty, experienced interrogators who can make you say things against your own interests. In the vast majority of cases, without the client's own words, damning themselves, the police do not have a strong enough case to ensure a conviction at trial. In other words, most clients would not be in jail if they DID NOT OPEN THEIR MOUTHS.
The police do not want lawyers around them while they are interrogating you, because we prevent them from getting the information they need to make their case, and it's all legal. Believe me, you are far better off with an attorney present any time the police come around, and it could mean the difference between freedom and living in a cage.
You are stopped on the side of the road by a police officer. He walks up and starts asking questions. One of the questions might be "do you have any weapons," or "do you have any drugs on you?" The most dangerous question that the police commonly ask is, "can I search you and your car?"
What are you required by the law to do in this situation? The simple answer is "nothing." Our U.S. Constitution allows you, as a person living in the United Statess, to refuse to answer any of those questions. First, because you have the right not to incriminate yourself. Second, because you have a right to have a lawyer present during any questioning.
The fact of the matter is, in my law practice, the client's worst enemy in any criminal prosection is the client him (or her) self.
Things become complicated when the police are actually investigating the person for some crime, and it's not just some random stop. Often police inspectors, or investigators from the district attorneys office will intimidate the client by telling them that "it will be better for you if you cooperate." Additionally, the police will actually LIE by saying, "I'm here to help; I just want to clear some things up."
DO NOT BELIEVE THEM! Once you open your mouth, you are doomed, because the police are crafty, experienced interrogators who can make you say things against your own interests. In the vast majority of cases, without the client's own words, damning themselves, the police do not have a strong enough case to ensure a conviction at trial. In other words, most clients would not be in jail if they DID NOT OPEN THEIR MOUTHS.
The police do not want lawyers around them while they are interrogating you, because we prevent them from getting the information they need to make their case, and it's all legal. Believe me, you are far better off with an attorney present any time the police come around, and it could mean the difference between freedom and living in a cage.