When law enforcement is investigating a crime, they want to speak with witnesses and with suspects. They may contact you for a statement if you are a witness or have been implicated or accused of a crime.
Rule 1: They are not your friends.
They may explain that they are just “trying to find out what happened” or just “want to get your side of the story.” No, they are trying to get evidence for a case, maybe against you. Do not speak to them without your lawyer present. Ask them if you are a target of the investigation. If they say yes, then you definitely need a lawyer. Tell them you will be glad to help with their investigation when you have your lawyer with you. Do not give them your version of events, even if you did not do anything.
Rule 2: Do not give them an interview.
Unless you have your lawyer with you, do not provide any information. As you know, “anything you say will be used against you.” Many individuals poured their time and effort into ensuring law enforcement was aware of your Constitutional rights under the Fourth, Fifth and Sixth Amendments – against unreasonable searches and seizures, the right to not be a witness against yourself, and the right to legal counsel.
Rule 3: Do not volunteer.
If the investigators ask you to come down to the station to give them “your version of events,” understand if you do, you will probably not be coming home afterwards. Your right against self-incrimination does not apply if you are not “in custody,” so any voluntary statements made by voluntarily presenting yourself for an interview are admissible against you.
Rule 4: Listen for Miranda rights – USE THEM, They are your rights.
If they read you your Miranda rights, know that you are a suspect. Immediately ask for your lawyer and say nothing with counsel present. Tell them you invoke your rights. THEN REMAIN SILENT! Any statements made after you have been informed of your rights WILL BE USED AGAINST YOU. Yes, these are real rights, not just TV drama. They are real rights you must use.
