$1,000,000 LEGAL ADVICE FOR FREE!
The following advice is advice that I give to all of my clients. Contrary to most free advice which is worth what you pay for it, this advice is worth something money can't buy.
It is worth the possible avoidance of years, maybe decades in prison and the destruction of your life and the lives of your family.
If everyone followed this simply advice many people could avoid being charged with criminal offenses and for those who are ultimately charged, the defense of the charges would be much easier and much more likely to result in an acquittal or at least conviction of much lessor charges.
It is advice that is easy to remember and easy to follow.
DON'T TALK TO GOVERNMENT AGENTS!
Almost everyone in prison is there because they talked to police, the FBI, DEA, IRS or other government agents or investigators. They
thought they could explain; they thought they could talk their way out of trouble; they thought they could help themselves; they wanted
to tell the truth; or the government agents promised "to go easier" if they "talked."
DON'T TALK TO GOVERNMENT AGENTS!
KEEP YOUR MOUTH SHUT!
When the police want to talk to you, it's not for your own good. They're not looking for evidence to clear you. They're
looking for evidence against you. They're looking to twist whatever you say -- true or false -- against you.
Remember: The Miranda
Warnings that you get state:
YOU HAVE THE RIGHT TO REMAIN SILENT.
ANYTHING YOU SAY CAN AND WILL
BE USED AGAINST YOU IN A COURT OF LAW!
Nowhere do the constitutional rights that are given to you say that anything you say will be
use to help you!!!
DON'T TALK TO GOVERNMENT AGENTS!
The police will tell you, "we're your friends, we can help. Make it easier
on yourself. Confess now," so you confess, and go away for the maximum anyway. The police are not your friends. They are there to
get a conviction and the more you talk the easier you make their job.
DON'T TALK TO GOVERNMENT AGENTS!
The police will twist
and turn anything you say to suit their own purposes and needs. The police only hear what they want to hear. Nothing you say
is going to talk them out of charging you if the police are intent on charging you. If you say anything that they can use that even
remotely sounds damaging, it will be used to try to convict you. It is a no win situation for you so keep your mouth shut!
DON'T TALK TO GOVERNMENT AGENTS!
The police are sneaky. They are trained in interrogation methods and different ways to get suspects to
"crack." The courts have ruled that the police are allowed to lie to you to get a confession. They can tell you things that aren't
true (like: your friend has already confessed and he said that you did the shooting) hoping that you will respond with a confession
or some form of damaging statement. KEEP YOUR MOUTH SHUT. If a friend has confessed or put the blame on you, there is nothing you
can do anyway. Let your attorney deal with it at a later time. Don't make matters worse.
Your
chance of winning your case is significantly greater if your attorney does not have to deal with trying to have your confession thrown
out or having to try to explain to a jury why the confession wasn't true. You help yourself greatly by keeping your mouth shut. You
also help your attorney instead of helping the police!
You have a constitutional right not to talk to the police. That means that your
refusal to talk can't be used against you. If you keep your mouth shut the jury won't be able to consider the fact that you didn't
talk to the police when deciding if you are guilty or not. (The cops may think you're guilty, but they think you're guilty
anyway.)
DON'T TALK TO GOVERNMENT AGENTS!
You also have a constitutional right to have a lawyer present anytime the police want to talk to you about anything having to do with the case. If you say, "I want a lawyer," the police are supposed to stop questioning you. Sometimes, though, their hearing goes bad and they pretend they don't hear you demand an attorney. So you have to tell them again. And again. And again:
Cop: Do you know the guy who was killed?
You: I
want a lawyer.
Cop: You don't need a lawyer, do you?
You: I want a lawyer.
Cop: If you're not guilty, why do you need a lawyer?
You: I want a lawyer.
Cop: I can't do anything
for you once you get a lawyer.
You: I want a lawyer.
And so on. Continue to insist on your right to a lawyer and keep your mouth shut about anything having to do with the case being investigated.
The only words that
should come out of your mouth are: I WANT A LAWYER.
If the police are sincere about wanting to "go easy" on you or cutting a
deal, they should be just as willing to do so when your attorney is there. [Remember, the police can not agree to "cut you a deal."
The only one that can bind the deal is the prosecutor so any promise from the police is worthless. It must be approved by the prosecuting
attorney.]
If you've already talked to government agents, talk to a lawyer before talking any more. Cooperating with the government
is like riding down a steep hill in a car with no brakes -- you can't stop when you want to stop -- but if you started talking
without first consulting an attorney, a lawyer can tell you if it is in your best interest to continue to cooperate or not.
If you have an appointment to talk to the police, don't go until you have talked to a lawyer first. When the FBI (or DEA, or customs, or anyone else with a badge) comes calling, do not let them into your home without a warrant. Call a lawyer right away. Even if it's the middle of the night, call me
.
After investigating the case and hearing the truth from you (never lie to your lawyer), you and your
attorney may decide you should continue to talk to government agents. In some situations, this is a good decision.
It should never be done without an investigation. It should never be taken lightly. AND IT SHOULD NEVER BE DONE WITHOUT AN ATTORNEY
PRESENT.
Dennis P. Levin