In general, the rule is not to talk to the police without an attorney.
Generally speaking, giving an officer “your side of the story” will rarely ever help you. It’s rare that someone will “talk their way out of being arrested,” but they often talk their way into being arrested. Even if you are 100% innocent, you still should not give a statement to the police without representation. Why?
- Even if you do not intend to tell a lie, it’s difficult, even for a completely honest person, to tell the same story the exact same way twice. This can come back to haunt you if you are charged and later testify at a trial or hearing.
- It’s easy to tell a little white lie that then can become a credibility issue should you go to trial.
- Officers are trained to get information out of people. Interrogation techniques are designed to get confessions. Also, the police can lie to you. They can tell you they have evidence they don’t have and that they know you committed a crime, even if they have no proof.
- A police officer has no authority to make any deals or give you any breaks in exchange for a statement. Only a prosecutor can do that. If an officer tells you they can, they are lying.
- False confessions are a very real thing. Nobody thinks that they would confess to something they did not do, but under the stress of an interrogation, it happens all too often.
Bottom line, it’s too risky to give a statement without a lawyer present. Rarely, if ever, will a statement you give help your case. If the police are asking you for a statement, they are in the process of building a case against you. Giving a statement will only help make that case against you stronger.
If asked by an officer to give a statement, be cooperative and polite, but do not answer any questions. Instead, politely decline the request for a statement and immediately seek legal representation.
In some rare cases it may be appropriate to give a statement, but in those cases it should only be with an attorney present.