Should you talk to the police? Absolutely not. Don't talk about where you are coming from, and don't talk about where you are going to. Don't talk about whether you had anything to drink or smoke. Just say, "I would like to talk with a lawyer before answering any of your questions." Those are the magic words. Say them, and then stay quiet.

There is typically only one reason why police want you to come talk to them. It's to get you to say something that will allow them to button up any loose ends on their case, and then arrest you. That's it.

People think they can go to the police, explain themselves, or tell their side of the story, and as a result, the police won't arrest them. It simply isn't true. Once you open your mouth, you are likely going to be arrested. Why?

Because simply telling your side of the story may acknowledge that you were involved in whatever the police are investigating. For example, if they aren't 100% sure that they can prove you were involved in an assault, they may contact you, "Just to find out what happened." The minute you start explaining that the other person started the fight, and you were just defending yourself... BAM.

You just put yourself at the crime scene. You just acknowledged taking part in the fight. Between your statement (let's call it a confession) and the other three witnesses who say you beat somebody senseless because he bumped into you, you are finished.

You have the right to remain silent. Please use it.

On the other hand, if you say nothing - nothing at all - the police may not be able to ID you. If the fight took place at a bar at 2:00 a.m., all their witnesses were likely drunk.

The lesson here? If police call you and ask you to come talk to them, invoke your 6th Amendment right to counsel and call a lawyer. Let us get in between you and law enforcement so that you don't get yourself into even more trouble.

The same holds true if you are pulled over when you are headed home from a bar. If the police officer asks you anything, invoke your right to an attorney. We are your first line of defense.  If you find yourself in a similar situation, contact us at The Militello Law Firm for a free telephone consultation and case evaluation. (585) 485-0025