DON'T TALK TO THE POLICE:
From the Desk of Mace

YOU have a right to remain silent that is guaranteed by the United States Constitution. Use it! If the police ever want to talk to you about anything that may have anything to do with a crime, Don't say anything. I've known many people over the years that just wanted to be helpful and they were, to the police! The stuff they said really was not in their best interest. But, fools rush in where Angels fear to tread. In twenty five years of practice I have never seen anyone help themselves by talking to the police.

If you have recently been charged with any type of crime felony or misdemeanor you are probably confused or worried about what steps to take next:

• What do I do now?
• Who should I talk to?
• Who should I not talk to?

You shouldn't talk to anyone except a lawyer. Because of the attorney client privilege, you'll be able to discuss things freely without fear of saying something that may harm you. If there is something that you want to communicate to the authorities, your attorney can do it for you. HE doesn't't need to worry about making an incriminating statement. He talks to the District Attorney and law enforcement types all the time, so he won't be nervous.

I have represented thousands of people that were accused of criminal matters, drunk driving and other driving offenses. Police often will question drivers and passengers in cars. The best thing to do is say nothing, but that is difficult for most people. That's why I give my business cards to friends, associates, and clients. The back of my business card contains assertions of your rights that you should heed. The first line implores you to exercise your right to remain silent.

Carry a copy of my card front and back which sets forth your rights, keep it in your car (and/or your wallet) with your registration and proof of insurance. You should say as little as possible. Or better yet, invoke your right to remain silent. My card sets forth what you should do in a situation when confronted by an officer when driving. Ideally you should read everything on my card to the officer. However if you are stopped and you are tired and the officer shines his headlights in your mirror (as he is trained to do) or you have had a few drinks, the print is small and you may have a hard time reading what is printed.

That is why I tell all my friends, clients and business associates to keep your license registration and proof of insurance easily accessible so it won't look like you are fumbling.

When you give your license to the officer, you have identified yourself. Since the officer could say that you slurred your words or were not making any sense, it is better to hand him the card with your rights written on the back of the card, so he can read them for himself. If he can read! (Only kidding) This way you are invoking your Federal constitutional right to remain silent as guaranteed by the Fifth Amendment. Most officers do NOT like this. They will bully, threaten, coax, cajole and try many things to make you do or say something incriminating. If you don't they know that this makes it more difficult to convict you! Stand Firm! They don't care about your rights, but you must! The life you save may be your own! (Okay I'm being a little melodramatic but what you don't say won't hurt you. I feel very strongly about this). If most of my clients took this advice they wouldn't need me.

The first sentence of the back of my business card states: I want to exercise my right to remain silent and consult with a lawyer without exception .This is extremely important advice. The right to remain silent is guaranteed by the Fifth Amendment to the United States constitution. This is probably the most important right, that we Americans enjoy, the right to remain silent. We can not be compelled to be a witness against ourselves. Unfortunate that most people don't understand how important it is and don > t use it when they should. The police are NOT your friend! They will do everything in their power to convict you. They will question you so you make incriminating statements. They will lie, cheat, and mislead you. This is an accepted form of police behavior.

In their eyes the end justifies the means. Drunk Drivers are despicable; they must be eliminated from the roadways. While I do not condone drinking and driving, my concern is that many people who have NOT violated the law are being arrested and convicted with increasing frequency due to the over-zealousness of the police.

Another reason why you should not say anything is that the police could accidentally (or on purpose) write in their report that you said something incriminating. A defendant's statement can be used against him or her in court! If you do not say anything there will be no chance of a mistake or misunderstanding that could violate your rights. There is an old proverb: It is better to keep silent and be thought a fool, than to speak and erase all doubt! The biggest problem of most people accused of any crime is their own tongue!

The next line says: A I do not want to talk about giving up my rights until I have consulted my lawyer. Once again this is great advice. There is a body of law that states that once a defendant asks for his lawyer all questioning must cease. However in the real world this often is not the case.

The next line says: A I want to call my lawyer. This reinforces the fact that you want to talk to lawyer. I do not want to talk about giving up my rights until I have consulted with my lawyer. Once you ask for a lawyer the police are supposed to stop questioning you. Unfortunately this does not always happen. That's why we must be eternally vigilant.

I could go on for days. The bottom line is, do not talk to the police before you have consulted a lawyer. He is the expert in these situations. You need expert advice! Silence is golden! Don't be trapped into saying something that gets you in trouble. Police officers are tricky and they think everyone is guilty of something. Protect yourself!