My condolences to this guy's federal public defender.

I don't know why it's so difficult for criminal defense attorneys to convince people why it's always a bad idea to talk to law enforcement & prosecutors *no matter what*, but, know your rights: https://www.aclu.org/know-your-rights/what-do-when-encountering-law-enforcement-questioning/ https://twitter.com/SeamusHughes/status/1349780242727133186

Don't talk to the cops if you're innocent. Don't talk to the cops if you think you're 100% guilty & they have you dead to rights.

They're not your friends. They're not on your side.

The only person on your side is a defense attorney.

/2

If the cops are talking to you, it's b/c they suspect you did it (but need you to confess or give them something to establish probable cause to arrest you), or it's b/c they're already going to arrest you but want a confession--a final ribbon to tie you up with a bow.

/3

Cops can, & will, lie to you. Last time I checked, as long as cops don't show you a fraudulent DNA report, they can orally lie to you that they found your DNA at a crime scene, on a body, etc.

& your confession? If cops Mirandized you, it's coming in b/c it's not "coerced."

/4

Another reason not to talk to cops?

Not all police depts are required to record confessions by video/audio.

So if a cop says you said something that you know you didn't, but it's in the cop's police reports, notes, etc.? A cop's not going to admit a mistake/fabrication.

/5

Cops will pretend to be your friend. They'll offer you bait to see if you take it. "Only a monster would intentionally do this. I know you're not that. I bet this was an accident. Was it an accident?"

Don't take the bait.

/6

Cops have no power to offer you a plea or guarantee you that you'll be charged with a less-serious offense. Cops will lie to you that they'll "put in a good word" for you with the DA. They won't.

Only a prosecutor can decide what offenses to charge, & extend a plea offer.

/7

"Oh well the cops said they'd help me if I cooperated, became a CI." Don't fall for it if you're been arrested.

You want to be a CI? Your defense attorney & a prosecutor are the ones who will set up a proffer session & work out terms of a cooperation agreement.

/8

At a proffer, in addition to having your criminal defense attorney with you, you'll get either use or transactional immunity for any info you provide, depending on the jurisdiction & the proffer's terms.

This is yet another reason why you should NEVER talk to the cops!

/9

So what do you do?

If you're under arrest, keep your mouth shut. Say: "I refuse to answer any questions or speak with you. I want a lawyer."

Not under arrest? Keep your mouth shut.

/10

Stopped by cops? Ask: "Am I free to go?" Yes: walk (don't run) away. No: stay quiet & ask for a lawyer.

Don't consent to a search of your phone, car, home, closed container, etc. If cops don't have a warrant, say, "I don't consent." If cops search anyway, don't interfere.

/11

If cops offer you a cigarette or a cup of water in an interrogation room, don't accept. They're probably trying to get your DNA.

On that note: don't give cops your DNA just b/c they ask you so they can "rule you out." They may enter your DNA in a D/B & keep it for years.

/12