Legal Question in Criminal Law in Minnesota
What to say when questioned
I was recently confronted by a man that I know to be involved with the local drug task force in the area, wanting to ''give me an opportunity'' to stay out of the action that is supposedly happening within the next week.
Started off claiming that he was told there is ''miles'' of video of certain individuals entering and leaving my place. Without saying names I am pretty sure I know to whom he refers ... and regardless of their past records/current involvement in any drug crimes does this fact alone incriminate me?? Claims that I have this one chance to cooperate or I will go down with the rest ... point of this all - should I speak with a lawyer before talking to anyone? Should I talk to them at all, or basically call their bluff? Please respond quickly - they say I don't have much time.
3 Answers from Attorneys
Re: What to say when questioned
This is a public BBS, and email is not secure. Do not say things in this media which could be used against you later.
Usually the best response to pressure is to do the opposite they want you to do. If you call me we can discuss further.
Re: What to say when questioned
You can't talk to cops. They lie to you.
Paste the following into a word doc and print it out. Then give it to the cops when they try to talk to you.
Start paste------
Dear Law Enforcement:
By this letter I invoke my rights under the Fifth and Sixth Amendments to the United States Constitution as described in Miranda v. Arizona, 86 Sup. Ct. 1602 (1966), Arizona v. Robertson, 108 Sup. Ct. 2093 (1988), and Michigan v. Jackson, 106 Sup. Ct. 1404 (1986). This includes the right to have counsel present at any form of interview, interrogation, conversation, discussion, lineup, or test. This invocation of rights is made pursuant to McNeil v. Wisconsin, 111 Sup. Ct. 2204 (1991).
If you want to speak to me, contact my attorney.
End paste-------
And put your attorney's name on it.
Re: What to say when questioned
Thank you for the post.
First, it would be wise to make no statements to police or to the person you know to be affiliated with the task force. Anything you say may become evidence and can be twisted.
Second, you would be wise to dissassociate yourself from the individuals under investigation.
Third, you cannot be charged for knowing a person. You can only be charged for participating in a criminal activity. Possession or narcotics may be charged if you are in the same location as illegal narcotics and there is reason to believe you knew of those narcotics. That can be based on statements of others or the location of the contraband.
Fourth, if they have enough to charge you with a crime, that will occur. Law enforcement or members of a task force can cut no binding agreements. As a result, even if you cooperate, if they have enough to charge you,m you will be charged.
I handle quite a number of these cases.
For a consultation call 612.240.8005 or visit criminal-law.tv
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