until you have talked to your attorney. Normally a police officer has already made a decision whether to arrest you at the time he asks you to make a statement. Do not try to explain “your side of the story” or talk your way out of being arrested; it will rarely change your situation.
unless you have talked to your attorney. You may feel that refusing to consent to a search will make you appear guilty or having something to hide, and it is sometimes difficult to stand up to the authority that a police officer represents. However, it is important that you exercise your Fourth Amendment rights under the Constitution- - do not consent to a search until you have talked to a lawyer. There is nothing wrong with politely and firmly exercising your rights.
Ask to have an attorney present before any questioning by the police. Once you request a lawyer, the police are not allowed to ask you anymore questions. Some officers may persist and ask you questions or suggest that you don’t need a lawyer or imply that asking for a lawyer makes you look guilty. Regardless of what the police officer says: Tell them you want to talk to a lawyer.
It is generally not advisable for you to contact potential witnesses yourself. Let your lawyer do that to avoid any suggestion that you are attempting to influence a witness. Document, by video, photography and/or notes; anything you think might be relevant to your defense. If you have injuries as a result of the incident or your arrest, you should photograph or video tape those injuries.
It is not uncommon for fellow inmates to become witnesses for the prosecution. Do not discuss the facts of your case over the telephone with family and friends; such calls are routinely recorded and are not confidential.
UNLESS YOUR LAWYER HAS ADVISED YOU TO SO. If they contact you, remain polite and friendly, but explain that you can’t talk about the case. That does not necessarily mean that you and your co-defendant are against each other. It is just that it is best to only discuss your case with your lawyer or at your lawyer’s direction.
Your attempt to negotiate may be admissible as evidence of your guilt.
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