Not sure I agree in all cases.
Remember EVERYTHING you say is taken down. Think "sound bites"
Understood
All you should say is that you want a lawyer and then shut up.
If I was being investigated for a *serious* crime I would very probably get a lawyer but would,at the same time,make it clear to the cops that I'll cooperate with them in every way.Answering questions,DNA samples,personal records...whatever.That is,assuming I was innocent.If I was guilty I'd clam up and demand a lawyer....period.
Remaining silent when you are,in fact,innocent,greatly increases the chances that you'll be brought to trial.With me,for example...I'm old enough to have had a draft card (pretty old) and yet I've never had a single criminal charge lodged against me anywhere in the world....not even a littering citation.The cops would easily know this,particularly after taking my fingerprints (I've been fingerprinted twice...once by the Army and once when applying for a firearms permit).The DA would also know this.So,if I'm investigated for some serious crime and I am,in fact,innocent I'd tell them that along with answering any questions that they have.They walk into their conference room and say..."hmmm,this guy says he didn't do it.The story he tells sounds plausible.We should check out what he says.Also,this guy's XX years old and his record is as clean as my 3 year old granddaughter's.Would he wait until the age of XX to commit (fill in name of felony here) when he's never even had a damn jaywalking charge lodged against him?"
In that kind of scenario I'd probably have a very good chance of avoiding charges...let alone a conviction.Again,assuming that I didn't do it.
OK,now why don't you bring up Nifong....
You brought him up :)
Actually in the case of a Nifong you are in deep trouble even if you have a lawyer and remain silent. Happily there are not that many out there like him although even one percent can ruin your life if you happen to run into him.
My concern would be a tired cop who just wanted his day over and a good closure rate. If they can twist what you say just a bit then they have closed a case and go home. They are far more numerous and in someways they are far harder to fight because they don't have a clearly provable motive to set you up. To them there are two types of people in the world, cops and perps, if you are not one then you are the other.
And no, a clean record is no protection. They simply assume that you have just been clever enough not to get caught.
I have a number of family members who are or were in law enforcement from the federal level to the local level. They all told me the same thing, say nothing until you have calmed down and you have a lawyer to objectively evaluate your statement. Sometimes it is the most innocent who are the most likely to stick their foot in it and find themselves in court.