Should I Talk To The Police Without An Attorney?
I get a lot of questions from people about whether they should talk to the police without a lawyer. The simple answer is that in all my 25 plus years of practice as a criminal defense attorney – I have not seen 1 situation where a person charged with a crime, or a target of an investigation, was better off talking to the police without a lawyer – if ever at all.
Here’s Why
The police are trained interrogators. Many of them go to school where they learn tricks how to keep you talking. They learn how to use their body language, how to use their voice, how to touch your arm or shoulder at certain times. Basically, they have a bag of tricks they use to keep a person talking, to try to gain that person’s trust, and to try to get the person to think the interrogator is a friend.
They also learn that the law lets them use a certain amount of trickery and deception when they question you.
When the police come calling on you, whether you are already accused or a just a suspect or target, they have certain information that they already know. One goal they have is to get you to confirm or deny that information. Whatever you say, they win.
If you admit a fact, they cross it off their checklist. They can try to use that as a link to connect you to a crime.
If you deny a fact, they can try to use that as evidence you lied – and possible evidence of your consciousness of guilt. That can even lead to you being charge with witness intimidation for misleading a police investigation.
In all my experience, from dealing with murder cases to even basic OUI cases – I have never seen a defendant or suspect talk the police out of charging them with a crime.
But, I have seen people that talk to the police help the police strengthen the case against them.
So, if the police contact you and you are charged with a crime, or even a suspect of a crime or target of an investigation – do yourself a favor – call an experienced criminal defense attorney before you even consider talking to the police.