Karyn Solo, Senior Fraud Aid Volunteer, has a great deal of experience when it comes to arrest or possibility of arrest for attempting to negotiate (endorse then deposit or cash) a counterfeit check received in a Nigerian or Romanian-style scam.
Here are some basic rules:
1. Never, not under ANY circumstances, submit to an interview (pre Miranda) or an interrogation (post Miranda) without the presence of an attorney. The police are not your friends if you are a suspect. It's not their job. Their job is to elicit an admission of guilt. Period. I don't care if one of the officers is your best friend or if you are a law enforcement officer yourself.
DO NOT EVER, EVER WAIVE YOUR MIRANDA RIGHTS. They are your entire life right at the moment. They are your entire future right at that moment.
It doesn't matter how innocent you are, your words can be twisted to fit the circumstances and be used against you in a court of law. If the real criminal, instead of you, were being interrogated or interviewed, you'd want the police to pull out all the stops. You don't know the ropes, nor do you understand interviewing techniques. Invoke your Miranda Rights. Give only your name and address until an attorney is present.
If you are being interviewed, and have not been Mirandized, you have the right to walk out at any time. No officer should be between you and the door of the interview room. The door to the interview room should not be locked by an officer or anyone working at the police station or sheriff's office. You should not be given the impression that you are under arrest, and you are
not under arrest unless and until you have been read your Miranda Rights. Please read the correct version here:
http://www.fraudaid.com/How-To-Deal-With-Having-Been-Conned/miranda_rights.htm
2. Please contact Fraud Aid immediately. Fraud Aid is a FREE Fraud Victim Advocacy with a lot of experience in assisting fraud victims accused of crimes and has the resources required to assist your attorney in pleading your case.
http://www.fraudaid.com/contact_fraudaid.htm
3. Get yourself a criminal attorney. Not just any attorney, a criminal attorney. If you have been arrested and cannot afford an attorney, one will be appointed to you. That's your Miranda Right. The attorney is titled a Public Defender Attorney or PDA. Invoke your right to an attorney (PDA) IMMEDIATELY after you have been read your rights. Keep your mouth shut until your attorney is present and you have conferred with him or her.
4. Each case is different. Do not look at other cases and decide that you are "alright" based on some story you've read somewhere or heard from a friend.
5. Do not listen to advice from friends if that advice does not include working with your attorney. It is highly unlikely that your friends are familiar with paper trails and Items of Proof. It is highly unlikely that your friends are familiar with interpreting the law, which is something that changes from case to case and court to court.