Remain silent: Should I talk to the detective?
Remain silent and get the best chance to keep your ability to defend your case. People think that by talking to the police officer or the detective, you are keeping the investigator from thinking you have something to hide. Sadly, giving the investigator any information limits your lawyer’s ability to defend you. Remain silent and talk to a lawyer.
Admitting to any facts will be called a “confession” to the jury if your case goes to trial. Confessing that you were “there,” but did not do anything limits your defense. Confessing that you had “permission” to do what you are accused of admits that you did what they said they did, and makes their potentially weak case stronger. Almost no reason exists to talk to an investigator.
Remain silent or anything you say can only be used to hurt you
When you talk to the investigator, you every fact you give him is a gift. Investigators love gifts you give them, they go towards being able to charge you with a crime. Gifts you give the investigator give the district attorney facts they will use to convict you. You cannot talk your way out of being arrested or charged, but you can talk away your defenses. Don’t do it. Remain silent and call an attorney.
The officer never gave me my Miranda rights
Police do not need to tell people their Miranda rights unless they are truly “in custody.” Under the law, a suspect can be in handcuffs in the back of a police car and not “in custody.” Being detained is not “in custody,” even if it feels like it. A police doesn’t need to give Miranda rights when someone is only detained. DON’T TRY TO FIGURE OUT WHEN YOU ARE “IN CUSTODY!” REMAIN SILENT. If a police investigator is asking you questions about you, what you have done, or where things are, you are being investigated for a possible crime. Before you answer any questions, remember that what you say can almost never be used to help you.