It is generally advisable for a defendant to never talk to the police without a lawyer present. This is because anything that a defendant says to the police can be used against them in court.
When a person is arrested or detained by the police, they have the right to remain silent and to have an attorney present during questioning. This right is protected by the Fifth Amendment of the United States Constitution, which states that no person “shall be compelled in any criminal case to be a witness against himself.”
Exercising the right to remain silent and to have an attorney present is important because the police may try to get a suspect to confess to a crime or to provide information that could be used against them in court. Even if a person is innocent, they may inadvertently say something that could be used to incriminate them.
Having an attorney present during questioning can also help to protect a person’s rights and ensure that they are not being treated unfairly. An attorney can advise the defendant on what to say and not say to the police, and can object if the police are acting in a way that is not legal or fair.
In addition to the risk of incriminating oneself, talking to the police without an attorney present can also be stressful and confusing. The police may use tactics such as psychological pressure or trickery to try to get a suspect to confess or to provide information. An attorney can help to protect a person from such tactics and ensure that they are not being taken advantage of.
In summary, it is generally advisable for a defendant to never talk to the police without an attorney present. This is because anything that a defendant says to the police can be used against them in court, and having an attorney present can help to protect their rights and ensure that they are not being treated unfairly.