Special Report

Neither the innocent nor guilty should talk because as the book says we all commit Three Felonies a Day.

 I want to start by adding to Steve’s very informative letter in the May issue of the ABATE newsletter with his comments about Martha Stewart. I don’t know why her lawyer would ever let her talk to the FBI. They claim that they were investigating insider trading what she was not involved in. – However, as the book says we all commit three felonies a day so why would her lawyer think that the questioning would only center on insider trading? This questioning goes on for hours and gets into all types of conduct. She did nothing wrong, but they nailed her and sentenced her to prison for lying to the FBI. If she hadn’t talked there would be no case against her.

If you are stopped by the police, ask if you are being detained or if you are free to leave. If you are free to leave, leave. If you are being detained, say that you want a lawyer and you have nothing to say to them. Under no circumstances agree to go to the police station and give an interview where you’re going to be on camera and possibly questioned for hours. I have watched enough episodes of Forensic Files to know how people get in trouble by being interviewed at a police station with a camera recording everything. People try to explain their way out of problems, and they end up being arrested. They change their statements, and it does their case no good. I wrote an article for a legal publication on the subject of asking if you are free to leave and the importance of not making incriminating statements.

Hupy and Abraham gives away four items that deal with the issue of talking to the police. On the back of the Sturgis calendar is a lengthy statement informing the police that you have nothing to say to them and you want to leave unless you’re being detained. We have another wallet sized card entitled 10 Rules for Dealing With Police. We have two videos that we give out free that go into great detail on how to handle police encounters including telling the police that if they don’t have a search warrant, they can’t come into your house. One is entitled “Busted: How to Survive Police Encounters.” For example, it tells you if you’re stopped by the police while driving, close your driver’s door so they can’t see what’s inside. They could look inside and see marijuana or some other illegal substance. I believe the other video is entitled 10 Rules for Dealing With Police and is very well done. Both videos show you the right way and wrong way to handle situations with the police. Police are legally entitled to lie to you. Don’t ever let them tell you it’s in your best interest to give them a statement because it is not.

All these items are available at our office and often at swap meets. If you want something in particular call 800-800-5678 and ask for Jill. If she is not available ask for the marketing department.

If the police tell you to do something, ask them if that’s a request or a lawful order. I wrote an article for a legal publication on how this should be handled. If it’s only a request, you are free to ignore it and leave or stay where you are, such as in a restaurant or a tavern.

Michael F. Hupy

Three Felonies A Day: How the Feds Target the Innocent.

Book mentioned above in Mr. Hupy’s letter to the Editor.