The first mistake that most suspects make is in believing that they can either outsmart the police or talk the police out of it. Without getting into the debate over the relative IQs of the police officer versus you, please realize that the officer is a professional, meaning he has been involved in numerous interrogations and you presumably have not.
You have the constitutional right to remain silent. Use it.
You have the constitutional right to an attorney. Use it.
If you are questioned by a law enforcement officer, you should have the assistance of an attorney during that questioning. Most people do not realize that is you are not under arrest, the office does not even have the obligation to read you your Miranda rights which would inform you that you have the right to remain silent and to have an attorney present. It is only during a “custodial” interrogation that the officer is obligated to advise you of those rights.
In order to establish that the questioning was a “non-custodial” interrogation, the officer may do many of several things, including: asking you to follow him to the police station; questioning you at a neutral site; or advising you that you are free to leave at any time. Any of these procedures, and many more, would negate the obligation for the officer to advise you of your constitutional rights.
When being questioned by a police officer, you are at a distinct disadvantage. The officer has had hours of training in the methods of interrogation. You may assume that the more years of experience the officer has and the higher up he is in the chain of command, that the more training he has received in those skills. You are better off to remain silent in dealing with the officer than you are to lie to him. Lies can be investigated and uncovered and used against you as a presumption of guilt.
You should understand that the same is not true of the officer. Most people are surprised to find out that the officer is not constitutionally prohibited from lying to you. It is considered an acceptable interrogation practice for the officer to lie to the suspect. Promises of not filing charges, leniency, or “I won’t arrest you” do not obligate the officer to follow through on that promise.
Protect yourself by exercising your rights. Remain Silent! Request an Attorney! Do not answer the questions of the officer without having your attorney present.
Be smart! Your Founding Fathers had the foresight to give you the protections of the Bill of Rights. Use them!