It is easy for attorneys to talk about all of the dos and don’ts when it comes to protecting your rights in the face of law enforcement actions, but we realize that some people learn better with specific examples. Let’s take a look at what can happen when someone – we’ll call him Richard – follows the course laid out by the don’ts.
Richard Opens the Door and Lets the Officers In
“Hello officers. Come on in! Can I get you something to sip on while we chat?”
This is Richard’s first mistake. It is better to speak to the officer through the door. Ideally, he would have asked the officers to return with a warrant before allowing them in his home. Freely allowing them in without a warrant may remove his option to challenge their search later on in a potential criminal case.
Richard is a Motor Mouth
“So, what can I do for you? Ask me anything.”
There is nothing good that can come from speaking to the police officers and answering their questions. Even if he believes he has done nothing wrong and has nothing to hide, anything Richard says can be misconstrued and used against him in a court of law.
The better course of action would be for Richard to politely decline to answer questions without having a lawyer present. Saving his speaking for his lawyer is the best way to avoid accidentally aiding the prosecution.
Richard Agrees to Come Down to the Station
“Sure! I don’t mind coming down to the station to answer some more questions.”
Richard absolutely should not agree to come down to the police station. He should contact an experienced criminal defense attorney before taking any further actions. His freedom and future depends on it.
