As a chick married to an ex-cop, I say this all the time to people close to me, but it bears repeating here: No cop is your friend after you’ve been detained.
Get rear ended by a drunk at a red light? That cop will direct traffic around your vehicle, document the accident, sure. Call animal control on your piece of shit neighbor? You’ve got a pretty good chance the officer who shows up helps out in a meaningful way.
But after you’ve been arrested, when a police officer says, “Just be honest with me and I’ll do the same.” or the old “Help me and I’ll help you.” Politely ask for a lawyer. Shake your head. Ignore them. Pretend you’re Hollywood royalty being asked for a selfie. “ …mmmm… Sorry, but no.”
Keep your mouth shut. Don’t do their work for them. Wait for a lawyer.
I worked as a police dispatcher for a year and a half, and I’d agree with this. My cops were generally nice people (and I say this having been on the wrong end of their sirens twice, once before and once after being hired), and they often helped in good ways… on the street. Not so much in the station. Generally speaking (and I know this is oversimplification and is worse in a lot of places but), it went like this:
On the street, you were considered as a person/citizen they have sworn to protect who may have made a mistake or done something wrong.
Once you were in the station, you were considered as a criminal. In the station you are the only one on your side.
Stay safe.
TV and film has you thinking that only guilty people ask for a lawyer. This is not true. The law is complex and difficult and confusing and if you’re being questioned by the police you’re not going to be in your best state of mind. A lawyer is your basic civil right and you should exercise that right. Keep silent, ask for a lawyer, take your legal advice.
Guilty people don’t ask for a lawyer, smart people do.
“Guilty people don’t ask for a lawyer, smart people do.”
My uncle was a cop. My uncle is the most down to earth, wouldn’t hurt a fly person in the world. I don’t think he even arrested a single person ever, that wasn’t his job on the force.
His advice? Get a fucking lawyer. Never say a damn word. A cop knows how to twist your words around and make you even doubt yourself. They know damn well how to make you feel guilty by getting a lawyer. YOU need to know that it’s SMART to get a lawyer. Get a lawyer.
People can be convinced that they committed a non-existant crime in three hours.
Don’t say shit. Get a lawyer.
Also, even when they have decent intentions, police make mistakes. Sometimes really stupid mistakes that badly affect the person they’re dealing with and affect the quality of evidence that is available if the matter goes to trial. You shouldn’t be the only person there to notice them. You should have a lawyer there to back up your voice when you point them out (or to point out ones that you won’t notice because you’re less familiar with the law).
I don’t know what the situation is like in every jurisdiction, but in New Zealand when the police arrest you, and again if they try to ask you questions or more formally interview you, they’re required to give you your Bill of Rights which includes the point that you have the right to speak to a lawyer without delay and in private before deciding whether to answer any questions, and that if you don’t have a lawyer, police have a list of lawyers you can speak to for free. Those public defenders are on call for exactly this purpose. (It’s better to call them than, say, a family lawyer who you know but who really only deals with wills and real estate and stuff like that.) This does not commit you to continuing to use this lawyer if things go further, you can always choose another later.
The system is not foolproof. Sometimes the lawyers who should be available on call don’t answer their phones. Based on what I’ve heard in court, the police may be able to require you to go ahead with evidential breath or blood alcohol testing if that’s what you’re in for, because obviously you’re metabolising the alcohol all the time you sit there and the point of the test is to get a reading as close as possible to what it was when you were driving, but in terms of interviewing, questioning, do not believe any police officer who suggests that you’ll just have to go ahead without any lawyer, or that it would be easier if you did that. It would be easier for them. Stick to your rights and repeat that you want to speak to a lawyer before deciding whether to answer any questions.
If you haven’t done anything illegal then this is the best way to protect yourself and if you have done something illegal, well, your lawyer can help ensure that you are fairly dealt with and not charged with more than you should be. Even if you know you’ve done something wrong and actually intend to plead guilty if charged, get that lawyer. Don’t leave yourself at the mercy of the integrity and/or competence of the police.
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