You Have the Right to Remain Innocent

by James J. Duane

First, you need to make sure that your silence is not held against you as evidence of your guilt if the case later goes to trial.

Second, you also need to make sure that you get the police to stop questioning you and leave you alone.

When you ask for a lawyer, do not worry about sounding polite, because that will make you sound unduly tentative or equivocal. Never ask the police officers what their opinion might be. In fact, do not ask any questions when you insist on the presence of a lawyer. Do not even use the words I think or might or maybe. You need to say, with no adverbs, in only four words, “I want a lawyer.” And then you need to say it again, and again, until the police finally give up and realize they are dealing with someone who knows how our legal system really works.