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Should You Talk to Law Enforcement Officials?

Should You Talk to Law Enforcement Officials?

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Published by: Aurelia Masterson of Panamalaw.org on Jun 12, 2009
Copyright:Attribution Non-commercial


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Should You Talk To Law Enforcement Officials
By Aurelia Masterson, www.panamalaw.org
– This is written as a result of dealing with people around the world who get questioned by the police officials regarding various events. Whether or not these people are guilty is not the pointof this writing. The point is to show how foolish it is to talk to the law enforcement officials in mostcountries where there is still something left of a constitution or justice system.
Why Do the Police Want to Talk to You? – 
To convict you and/or someone else. They do not come totalk in order to exonerate people. The prosecutors in the USA have no legal need to make any efforts tocollect evidence that would exonerate you of any guilt. This they call exculpatory evidence. They dohave a legal requirement to make the defense aware of any evidence that they did get possession of thatwould exonerate the accused, but they do not have to go out and see if they can collect evidence toshow that the accused is innocent.They are there to convict the accused and that is the long and short of it. Do not be confused with themorality of not convicting the innocent so the law continues to look for the guilty. I never heard of anylaw enforcement official promoted for proving the innocent to be innocent. They do get promoted for convictions. A conviction is a conviction, is a conviction, period.
Martha Stewart – 
She went to jail for lying to a Federal Officer. She was not convicted of what the police went to discuss with her. If you erroneously make an incorrect statement to a Federal Officer then you are guilty of the felony of lying to Federal Law Enforcement Officer. It is incumbent on youto prove in court if charged, that this error was made as an innocent mistake. This would be after tensof thousands of legal bills and months if not years of being in the criminal justice system. Now if yourefuse to talk to the law enforcement officers then you have removed yourself from any chance of beingarrested for lying to a Federal Officer. Right here you have sufficient grounds to never talk to them.Martha Stewart tried to talk her way out of it.The police are not there to see if you are guilty or innocent. They are there to “clear cases” or getconvictions. All they care about is what they can convict you of. You need to understand this. If there isno questioning (you refuse to talk to them) then there is no going somewhere else with their investigation as a result of you really things not beneficial to you that they would have otherwise beenunaware of. If Martha Stewart just said “No” to their questioning she would not have gone to jail.
Police Tactics – 
If the police had a case against you with evidence, they really have to arrest you. Tonot do so is unusual, irregular and can cause problems for the police later on. Lets say you repeat thecrime while they delayed arresting you and it gets out that they were stalling. They would be in troubleand possibly sued by the subsequent victims. To not arrest you can be construed as corruption,obstruction of justice, dereliction of duty amongst other things. The point of this is if the police hadevidence of you being guilty of a crime they would not come and chat about it with you.
They would arrest you, read you your rights, take you into custody and then they would start workingon you from a position of strength in that you are in custody. Even if you do get arrested never ever talk to them. Just keep asking for your lawyer. Admit to nothing, deny nothing, have no conversations aboutanything. Just shut up and wait for your lawyer. No police person is your friend and they are not tryingto help you in any way. Many times the police think they have a case, make an arrest and the prosecutor kicks it out later. They may have enough probable cause for an arrest but yet at the same time lack theevidence to prove you guilty beyond a reasonable doubt. So they try to arrest you and then scare youinto talking knowing their charges are garbage.Ok so if the police are coming to chat with you, discuss documents, motives, allegations, moneymatters, etc it is ONLY to gain more evidence against you. They are not trying to exonerate you. Theyvery well may be trying to find out if you had any conspirators and then charge several peoplecollectively with the crime plus conspiracy. They love multiple defendants so they can get them to pleas bargain against each other for lesser sentences. This is their main modus operandi. Lawenforcement agencies are conviction driven agencies. No one counts how many times they cleared aninnocent person and this is not what promotions are based on.When they developed DNA tests many people got out of jail because it was proven by DNA testingthey did not do the crime. Many of these people were sitting in jail for decades. Police will railroad people lots of times simply because they can. When the police come to talk to you they are trying to getmore evidence or more probable cause for subpoenas, search warrants, depositions of yourself and/or others etc. This will assist them in building a case. If they seem to not understand say a financialtransaction they have a record of, do not explain it even if you think you are innocent of what theysuspect and can explain it. You may unknowingly be guilty of something else you do not even know isa crime.Do not talk to them. Do say let me call my lawyer. Say I do not wish to talk to you at all. Do not beintimidated by their threats of arrest etc. If they could arrest you they would have already done so.Understanding the financial transaction is their problem, not yours. They have nothing or they wouldhave arrested you. Do not assist them. When the police arrest you they know you are going to berepresented by counsel and their games are over at that point. If they have evidence they do not careand will arrest you. Your explanation will not be of interest if they have hard evidence. Tell it to the judge is what they will say.
What If I Can Convince the Police I am Innocent? – 
Let’s say you do convince the police of this, itcould happen, anything is possible. The police cannot come into court and testify that you said so andso and they believe you are innocent. This would be excluded as hear say evidence by the prosecution.Even if you got the police won over the prosecutor would not allow this into court. Forget trying to getthe police to be your ally.
Financial Crimes – 
These are the rage now due to failing real estate markets and stock markets. Thecharge is usually fraud, conspiracy to commit fraud and money laundering. They seem to be based onloan applications in general. The person walks away from the real estate and the bank takes a hit. Thenthe bank reviews the credit application and sees things it does not like. Can be what they perceive to beoverstated income, understated operating expenses, overstated assets, and overstated appraisalswhatever. They try to create a criminal case and file complaints under city, county, state or federal laws. Next you find out your business associates, friends, neighbors and relatives are being contacted by lawenforcement officers discussing you and your business dealings. You see bank and financial records getsubpoenaed. Eventually they come and talk to you. Never talk to them. They are talking to you because
they do not have enough to arrest you and are fishing for more. Ignore them 100%. Do not give themany documents at all. They will charge you if they get enough evidence. Do assist them by talking tothem or giving them anything. If they are talking to your friends, relatives and business associates thenrest assured there is a good chance you will be indicted. If you think you may have overstatedsomething or understate something regarding loan applications then get ready for a criminal case basedon current trends (April 2009). Go start interviewing criminal lawyers right away. Do not wait to seewhat happens, go right now and start getting expert advice.
What Will Happen If You Get Indicted – 
You will be formally arrested. The authorities will probablynot be polite and not ask you to come in for booking, you might flee. They will view you the same asan armed robber or thief. You will be booked. Possibly you will be released on your own recognizance.You may need to post bond. If it is Federal crime expect your passport to be taken. Your real estate willhave the title clouded by liens. Your banks accounts will be have liens as well. You will have to reportto something like a probation officer until the trial is over. You will have to ask for permission to accessyour money and they will control how much you can get to spend. They are not going to let you spendyour money on lawyers; they want your money to cover their prosecution expenses.You will not be allowed to leave the USA. You will see that you are guilty until proven innocent. TheFederal system is designed to get you to plead guilty and take a plea with some jail time. State, Cityand County prosecutions tend to be easier to deal with. Local law enforcement agencies and local prosecutors do not have the budgets that the Federal Government has. They need to watch their expenses. All prosecutors like to pursue cases where there is a reasonable chance of recovering moneyto cover their costs of the prosecution.
How Federal White Collar Criminal Cases Are Made – 
This is a trend we have seen in recent years.The investigation times tend to be in the two-year range from the time the person first learns of theinvestigation until criminal charges are filed. Usually it starts with subpoenas being filed for financialinstitution records and computers. Then people will be calling telling how they were interviewed aboutyou. If there is hard evidence against you, you may be charged as the only defendant. We see a wholelot of cases where there are a number of people charged at the same time. Can be up to dozens. After afew months what you will see is defendants pleading guilty in a plea bargain.After they plead they go to a debriefing hearing with the prosecutors and criminal investigators. Theytell all they know about the case and the other defendants. If they lie or fail to be open and tell all theyknow, the plea bargain gets rescinded. The ones to plead first get the shortest sentences. Generally theykeep the jail time to at least 2 years. Then later on you see a few more people plead getting slightlylonger sentences. Then the ones left have to deal with several people offering testimony about their guilt. Yes the witnesses are also co-defendants and plead guilty for a lesser sentence but this is anightmare to deal with in court for your lawyer.The idea is to lay out enough charges for the person to die in jail if they get convicted of all charges.This makes fighting the charges sort of frightening. The alternative is to take 4 or so years in jail for aguilty plea. You can still have a life again; only it will be as a convicted felon. After a few months youfind out your criminal attorney who was so positive in the beginning will be encouraging you to plea.He bilked you good for fees and he does not want to bother with the hard work of trial preparation anda trial. If you appeal a conviction the appellate lawyer may see that he did shabby work and thisexposes the criminal lawyer for a civil action from you for the fees you gave him. This will adverselyaffect his malpractice insurance. So he tries to get a reasonable amount of money from you and notexpose himself by encouraging you to plea. Your situation takes a second place to his. Your lawyer 

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