Under no circumstances should you speak to law enforcement or your chain of command. If you are suspected of a crime, you have a Constitutional Right to not speak. For decades, the Courts have been enforcing this Constitutional protection, because it is that important. Making a statement can be the difference between going home or going to confinement. Remember that when your supervisor or law enforcement wants to talk to you, it is because they suspect you of a crime. They are allowed to, and absolutely will lie to your face in order to get you to admit wrongdoing. You have no idea what other people have told them, what evidence they have collected, and what faulty assumptions have been made. Conviction rates rise dramatically whenever an accused agrees to waive his or her rights to an attorney and speak. When you are called in, the first phase of the interview is the rapport building phase. This is where law enforcement attempts to joke with you and make you feel at ease. This is an intentional tactic designed to make you want to talk. They are not there to be your friend, they are seeking a confession. After rapport building, law enforcement will read you your Article 31 rights, which specifically includes your right to an attorney and the right to remain silent. However, they will tell you that it is something they have to read to you in order to protect you and to protect them. Do not get lulled in to thinking this is just some formality you both have to get through in order to tell your side of the story. This is the entire reason you are in a room with law enforcement, to find out if you will waive your Constitutional Rights. The next phase is the interview portion. The questioning will be non-confrontational and law enforcement officers will sympathize with you and attempt to keep you talking. The more you talk, the better for law enforcement. In order to be found guilty, the government has to meet every element of the crime you are accused of. Casually admitting to law enforcement that you were at the scene, or that you were aware of something ensures the government can absolutely meet an element. Giving away seemingly innocent information can have a huge impact. At some point in every interrogation, the questioning will turn confrontational. Law enforcement will begin applying pressure and calling you a liar. They want an emotional response, they want you to give inconsistent information so you look like a liar. It very well may not matter what you say. Once the machinery of prosecution is set in motion, the government seldom takes what you say into account, and your statement is likely to do more harm than good. This is not to say that you should never make a statement, but you should absolutely talk to an attorney to make a strategic decision in an environment without deception or pressure. Whenever you are asked to waive your Constitutional Rights, there is never a rush, and the smart decision is to consult with an experienced attorney before doing anything.
