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Former criminal defense attorney: ‘Dont Talk to Police’

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This video should be mandatory viewing in school:

Mr. James Duane, a professor at Regent Law School and a former criminal defense attorney, tells you why you should never agree to be interviewed by the police [via].

You might want to remember these lines:

  • I invoke and refuse to waive my Fifth Amendment right to remain silent
  • Please do not ask me any questions
  • Unless I am being detained, I’d like to be on my way

Long story cut short, skip to 27 min in the video where officer George Bruch of the Virginia Beach Department explains some of the basic police techniques he uses to convict you, even if you’re innocent.

Please note that the Netherlands have a similar Fifth Amendment right, in countries without this basic right you are still advised to keep shut.


Some reasons why you should never ever talk to the police:

  1. There is no way it can help
  • You can’t talk you way out of being arrested
  • You can not give them any information that can help you at trial
  • Whatever you tell them can only be used against you, it can never be used for you

  • If your client is guilty – and even he is innocent – he may admit his guilt with no benefit in return
    • What is the rush?
    • In federal court, 86% of all defendants plead guilty at some point before trial
    • Your statement to the police may be admissible evidence at the time your case goes to trial

  • Even if your client is innocent and denies his guilt and mostly tells the truth, he can easily get carried away and tell some little lie or make some little mistake that will hang him
  • Even if your client is innocent and is capable to only tell the truth, he will always give the police some information that can be use to help convict him
  • Even if your client is innocent and is capable to only tell the truth and does not tell the police anything incriminating, there is still a grave change that his answers can be used to crucify him if the police don’t recall his testimony with a 100% accuracy
  • Even if your client is innocent and is capable to only tell the truth and does not tell the police anything incriminating, and the entire interview is (video)taped, there is still a grave change that his answers can be used to crucify him if the police don’t recall his testimony with a 100% accuracy
  • Even if your client is innocent and is capable to only tell the truth and does not tell the police anything incriminating, and the entire interview is (video)taped, there is still a grave change that his answers can be used to crucify him if the police have any evidence, even mistaken or unreliable evidence, that any of his statements are false, even in fact they were true
  • On a personal note, you could consider the collection and use of content from Facebook post, twitter tweets … as an infringement of the Fifth Amendment. When this content is used during an investigation or trial it is easily misinterpreted and therefore likely to be incriminating, acting as a witness against yourself.

    Related:

    1. www.innocenceproject.org
    2. www.flexyourrights.org
    3. Rules for Dealing with Police



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