Nothing wrong with that... Not sure about your experience, but there's a line between "cooperate and hope they leave you alone" and "lawyer up and don't say anything." Think logically (not emotionally) about where that line is for you. Keeping your mouth shut may ensure you don't get convicted, but might increase the odds of handcuffs and a ride downtown.
Originally Posted by Crock
I do not recommend this approach. Lawyers do not just protect you from conviction. That is obviously our most important function, but we also protect you from embarrassment, harassment, and other things.
I disagree that cooperating will help. If the cop has PC to arrest you, he will arrest you. If he doesn't have PC, you get to wave bubye and walk away. There is no test here for if the cop likes you.
If you shut up, he can only get PC from collected evidence from others, physical evidence, and implied facts.
If you talk, all you're doing is giving him more evidence. You assume it will be favorable, but that is assuming:
- he hears you correctly,
- someone else doesn't contradict you,
- he remembers what you said correctly,
- you dont get flustered and say something wrong,
- you remember the facts/story correctly,
- you dont innocently admit to another crime,
- he's honest about what you said,
- etc.
What you say is NOT hearsay. It is technical nonhearsay because you'd be a non-party opponent at a trial. That means the gov't CAN and WILL bring up non-favorable interviews at trial, and your lawyer probably wont be able to stop it. All you had to do was shut up.
Simply put, talking WILL NOT HELP YOU. I dont know how many times we have to repeat this before people quit telling the lawyers we're wrong about the law. SHUT THE FUCK UP.
Crock's logic assumes that cops will vindictively arrest you for not cooperating or let you go if they like you.
Regarding vindictiveness, they cant. That's what burden of proof means. It's his burden, and if he arrests you vindictively without the proper burden being met, you can sue him under a Bivens or §1983 action.
Regarding letting you go because he likes you, this is more reasonable but still highly unlikely. First of all, this one is a crime, not a traffic citation. That means it isn't the cop's call. It is a prosecutor's. The cop can choose not to arrest you, but that wont stop the prosecutor from investigating you or saying "go arrest him" ten minutqes later.
Please listen to the lawyers.
Shut the fuck up.
* END RANT