The cops came to my door today. They said my ex has accused me of forging his name to checks. They want me to write a statement telling my side of the story. Do I have to do this or should I do this?
Jim Christmas, Sentenced to four years in prison for another man’s crime • Answered March 28, 2020
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If you’re NOT guilty, don’t you dare say a damn thing to the cops.
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If you’re guilty, don’t you dare say a damn thing to the cops.
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Louis E. Walker
· October 21
DON’T TALK TO THE COPS. Tell them you won’t answer questions until you have advice of counsel—period. Be courteous about it, but unless they’re there to place you under arrest, ask them to leave. Tell them you’ll be in contact to arrange a formal interview once you have availed yourself of counsel and then listen to your lawyer. If at any time the interview turns into an interrogation and the police get aggressive, ask if you’re under arrest. If the answer is “no”, get up and leave. And whatever you do, don’t consent to a polygraph—they’re highly dependent on the skill or lack thereof of the polygrapher as well as several other variables, they’re more “stress detectors” than “lie detectors” and there’s a reason they aren’t admissible in court. A negative result may not get the cops to leave you alone, and a false positive will make your life a living hell. Be aware of your Fifth Amendment rights and use them.
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In my younger days, I would have talked to any police officer.
Now, not so much.
I want an attorney to do my talking.
Especially if the FBI is involved. Their strategy of two agents, with one to talk and the other to take notes that they transcribe, is a disaster for both the guilty and the innocent. And “lying to an FBI agent” is in itself a crime. So why would you EVER want to talk to them.
(I remember reading that a prominent defense lawyer agree that his Client could be interviewed but the interview had to have a video recording, an audio recording, and court stenographer present. Their response was “that’s not their policy” and the interview never took place. Any guess why it is not their “policy”?)