Just Shut-UP, vs. Give a Brief Statement

[pneuby]

One-hour of Masaad Ayoob on Marc Victor's podcast. Ayoob's audio feed is challenging, and close-captioning doesn't help much, LOL.

[Joe_Blacke]

The more Ayoob talks, the more he shows he doesn’t know what he is talking about.

There is the way the world is, and there is the way you want the world to be. Victor knows how the world is, and Ayoob lives in fantasy land. Ayoob talks out his backside and sells fear to people who don’t know better. Ayoob is a blight on the gun community.

[mtptwo]

Never talk to the Police. Ask for a lawyer, and shut up.

If you don't do that, you can get yourself into more trouble that you thought was possible.

[Joe_Blacke]

More good info on why letting your attorney talk for you rather than try and explain it yourself. Ayoob is still an idiot.

[QuietM4]

If Massad Ayoob's name was something domestic sounding, like Steve Smith, no one would listen to him. No good can come from talking to the police.

[BigNate]

My sense is that they are both right. Ayoob's positions have some validity (first impressions are important). I think that if one had the discipline to say ONLY those things - it would probably be OK.

On the other hand - once people start talking they generally don't stop - and I know that I fall into that category. So - I've rehearsed the following until I can say it in my sleep... "Officer, I appreciate that you want a statement, but I've always understood that I should never make a statement until I've spoken to a lawyer - so I'm looking forward to giving you details - but not until I've met with a lawyer. I hope you can respect that."

[Joe_Blacke]

My sense is that they are both right. Ayoob's positions have some validity (first impressions are important). I think that if one had the discipline to say ONLY those things - it would probably be OK.

On the other hand - once people start talking they generally don't stop - and I know that I fall into that category. So - I've rehearsed the following until I can say it in my sleep... "Officer, I appreciate that you want a statement, but I've always understood that I should never make a statement until I've spoken to a lawyer - so I'm looking forward to giving you details - but not until I've met with a lawyer. I hope you can respect that."

Less is best.

What happens if your attorney decides it isn’t best to make a statement or answer questions? When trial comes, the officer will tell the truth and say you told them you were looking forward to giving your statement, but then later refused.

“I will wait until I speak to my counsel before agreeing to answer any questions or make any statement”.

[YNOTAZ]

There are so many legal gotchas here, I have to side with the attorney.

A simple statement that I need to have my attorney here. If asked for a "why if you didn't do anything", because he told me I usually say something stupid that could get me in trouble. THEN STOP. You’ve made two statements that won’t hurt in court and your attorney can easily explain in court if needed.

The main problem is everybody watches television so, under stress, they fall back on what they “know”, so they shout “I take the 5th, I don’t have to talk to you”.

Here’s the problem, if you take the 5th in court the judge is supposed to instruct the jury that you asserting your rights does not imply guilt or innocents. If you do the same thing with the cops at the scene, the testimony will likely be "Mr. Smith was uncooperative, told us he took the 5th, and would not help us in the least. Being the only suspect, we arrested him." In this case the judge is not required to instruct the jury about your rights, just let your lack of cooperation and arrest germinate in the jury’s minds to play on their decision.