Can I provide a statement to the police that is “off the record”?
There is no such thing as providing a police officer a statement that is “off the record.” While some statements given to the police before you are given your right to counsel may not be used against you in trial, anything you say to a police officer is potentially “on the record.” That is, anything you say to a police officer, at any time and by whatever means (e.g., over the phone, in person, via email), can be used to build a criminal case against you. It does not matter how informal the remark is. It is advisable, therefore, that until you have spoken to legal counsel, you do not make statements to the police, even if they say it is “off the record” or an informal statement.
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