Should I Talk to the Police?

Should I Talk to the Police

Lansing Michigan Criminal Defense Lawyer

The police come knocking on your door or perhaps a detective calls and asks you to come down to the station. He just wants to talk. Ask you some questions. Should you go? The answer is “No!” At least, not without consulting with a lawyer first. Here are some of the reasons why you should never talk to the police without first consulting with an attorney.

The police might misunderstand you

Talking to the police is somewhat unnerving for most people. Just because the police use the word “talk” rather than “interrogate” doesn’t make it any less intimidating. The police are trained in the art of interrogation and know how to get information out of people. Most people don’t express themselves with exact precision. If you say something that the officer misunderstands or comes out with a different meaning than what you intended, it will be used against you.

The police may not accurately remember everything you say

Even if the officer takes notes during the interrogation, er… talk, it is quite possible, if not highly probable, that he won’t remember everything your say verbatim. Missing statements leads to lack of context which leads to misunderstandings. Or worse, the police may inaccurately recall what you said. The officer may also make incriminating inferences about your gestures, body language, and attitude that may be inaccurate.

You may lie to the police

Under the pressure and stress of a police interrogation, innocent people have been known to lie, even if it’s inadvertently. It happens quite frequently. Innocent people, in an attempt to vehemently assert their innocence, may deny some seemingly innocent fact to appear as innocent as possible. The police will pounce on any lie you tell, no matter how trivial. It can destroy your credibility at trial and make you look guilty.

Even if you’re innocent and tell the truth, you could still reveal information that could be used against you

For example, let’s say you are being questioned about a murder you are truly innocent of. In the course of denying the killing, you could admit to having a strong dislike for the victim and being in the area of the killing around the time of the murder. Now the police and prosecutor are armed with motive and can place you at the scene of the crime. Things like this easily snowball and you can find yourself being charged with a crime you didn’t commit.

You might confess to a crime you didn’t commit

Police are very skilled at the art of interrogation. Not only do they know how to illicit incriminating information through deceit, threats, and false promises, but they can also use physical techniques such as barraging you with questions for hours on end, depriving you of sleep and bathroom breaks. This has led to many false confessions, especially to those who may not have the mental and physical wherewithal to withstand a hostile interrogation. Next to false identification, false confessions are probably the second biggest reason why innocent people get convicted.

It’s difficult to tell a story the same way twice

Even for a completely innocent and honest person, it is quite difficult to tell a story the exact same way twice. The slightest slip or discrepancy on even the most trivial matter gives fodder for a great cross-examiner to expounded upon at trial to show that you are a liar and inconsistent in your story. This can be very damaging infront of a jury, even if it is completely innocent.

Even if you are guilty and want to confess, you shouldn’t do it to the police

At least not right away. There will be time for confessing and admitting responsibility later if that is what you want to do. More than 90% of cases end up pleading out. It is better to retain a lawyer who can exchange a benefit for your guilty plea through plea negotiations with the prosecutor. You may get a reduction in the charge(s) or a sentencing agreement. If you confess to the police, you get nothing in return. In fact, your chances of getting a good plea deal or any kind of deal at all may be gone because with your confession the prosecution’s case is air tight, or at least a lot stronger than it was.

Nothing good can come from talking to the police

Or at the least, it’s unlikely. Think of it this way, when the police ask to talk to you it’s generally one of two scenarios. First scenario: they believe you committed a crime and they have the goods on you. They don’t need your confession, but it will be icing on the cake. By confessing, incriminating yourself, or being contradictory, all you’ve done is made a strong case for the police even stronger. Second scenario: They believe you committed a crime and they don’t have the goods on you or they have very little on you. It’s a fishing expedition. By talking to the police, all you can do is provide them with ammunition to be used against you as mentioned above in the many reasons given why you shouldn’t talk to the police. All you’ll be doing is helping the police build a case against you and dig a deeper hole for yourself. Even if you are innocent, it is unlikely you are going to change their mind by talking to them.

You Have the Right to Remain Silent

Under the Fifth Amendment you have the right to remain silent. Use it! No one ever has to talk to the police. Ever. Even when you get pulled over all you are required by law to do is provide your driver’s license, proof of insurance, vehicle registration, and step out of the car if they ask you to. No talking is required. If the police come knocking on your door, you still don’t have to talk to the police. If the police ever ask you to come to the station and talk, always consult with a lawyer first. If not, it may be too late for a lawyer to undo the damage you’ve done by voluntarily speaking to the police. Remember, Miranda warnings are not required if you voluntarily speak to the police because you are not being detained by the police.

Lansing Michigan Criminal Defense Attorney

If the police have asked you to talk or take a polygraph (lie detector test) call Austin Legal Services, PLC at (517) 614-1983 for a free consultation today!

Defending criminal charges throughout Michigan in the counties of Ingham, Eaton, Clinton, Gratiot, Livingston, Jackson, Washtenaw, Calhoun, Kalamazoo, Shiawassee in the cities of Lansing, East Lansing, Mason, Charlotte, St. Johns, Ithaca, Jackson, Brighton, Howell, Ann Arbor, Kalamazoo, Battle Creek, Corunna, Durand.

Possession of Analogues

Lansing Michigan Drug Possession Lawyer



Analogues, also known as “designer drugs,” are substances with a similar chemical structure to a Schedule I or Schedule II controlled substance (heroin, cocaine, marijuana). The federal Drug Enforcement Agency (DEA) has been given the authority to immediately issue a ruling for certain analogues to become illegal. These laws were created in response to state and federal laws that only regulated illicit drugs. Drug users wanted the same sensation that the prohibited controlled substances provided, but without the fear of prosecution. Users quickly found out that they could use designer drugs (analogues) which were similar enough in their chemical compound to give them a faux sensation. It was a way to have the fun without the fear of going to jail. That is, until the legislatures became aware of this attempt to out maneuver the system and passed laws against the designer drugs as well. The most common examples of analogues that defendants get charged with are Vicodin and Oxycontin.


Most people have never even heard the term until they find themselves being charged. Also, many do not realize that analogues can be just as strong and even stronger than the illicit drugs they imitate. The common scenario on how someone gets charged with this offense is when they have been given somebody else’s lawfully prescribed pain medication to help them deal with their back pain or whatever. Even if that is true, it is still no legal defense to being in possession of these pills that they were not prescribed. Similar crimes involve obtaining medicine without a prescription or prescription fraud. Desperate individuals will write fake prescriptions on fake prescription pads or phony “call ins” in an attempt to unlawfully obtain prescription medicine.




Possession of Analogues– Punishable by up to two years in prison and $2,000 in fines.


Use of Analogues– punishable by up to one year in jail with $1,000 in fines.


Creation, Manufacturing, or Delivery (Possession with Intent to Deliver)– punishable by up to 15 years in prison and $250,000 in fines.


Mandatory Driver’s License Suspension


Also, keep in mind that all drug convictions in Michigan (even marijuana possession) have mandatory driver’s license suspensions meaning that upon conviction, you will automatically lose your driver’s license for a period of time. That is mandatory by statute and the judge has no discretion to sentence around it.


Enhanced Sentences


There are enhanced sentences for each subsequent offense as well as for delivering to a minor or delivering within a certain distance of a school, house, bus, park, or church.


How I Approach a Possession of Analogues Case


As a Michigan drug crimes lawyer, my approach to analogues or drug charge is to first review the police report to see if there are any grounds to challenge the stop of either the vehicle or person. The initial contact with the defendant is crucial because the police must have certain criteria for initiating contact with someone. This is very fact specific and depends heavily on the “totality of the circumstances” surrounding the encounter. It also determines what legal rules and Constitutional standards apply. The next order of business is to scrutinize the search or the discovery of the drugs. In order to perform a search on a person, vehicle, or home, the police need either a search warrant or a valid exception to the search warrant requirement. There may be chain of custody issues or problems with the lab analysis as well. This is always the first place to start when deciding on whether they are valid search and seizure issues that can be raised to either get the case dismissed or to be used as leverage in plea negotiations with the prosecutor to get the charges reduced or a better deal than what is being offered. It will also help us decide whether the preliminary examination needs to be run or waived.


If the case is solid or cannot be dismissed, then the next phase is what I call mitigating the damage. As I tell my clients, usually we can’t just outright prevent any bad things from happening, but we can contain the damage or minimize the pain. That is accomplished by successful plea negotiations which can render a reduction in charges, a sentencing agreement which limits or eliminates jail, or reduces the charge so the defendant is eligible for a deferred sentencing option such as 7411 which not helps him earn a non-public record, but prevents the mandatory driver’s license sanctions.


As you can see, possession of analogues or any controlled substance case, is very complex with a lot of variables that factor into it. Prosecutors treat these cases very seriously and often will not be willing to offer good plea deals, especially for repeat or habitual offenders. That is why you need an experienced Michigan drug lawyer representing you. Contact Austin Legal Services, PLC today to speak to a Michigan drug crimes lawyer at (517) 614-1983.


Defending drug crimes throughout Michigan in the counties of: Ingham, Eaton, Clinton, Jackson, Barry, Shiawassee, Washtenaw, Livingston, Kent in the cities of: Lansing, East Lansing, Charlotte, Jackson, St. Johns, Bath, Haslett, Mason, Okemos, Ann Arbor, Grand Rapids