Want the right to remain silent? You'd better say so.

[Tekoa]

For starters, if they're questioning you, they likely think you're guilty.

QFT

[Purrrfect]

I guess you're just supposed to say "I want a lawyer and I do not want to talk", and then just clamp down.

If a suspect was to say those in the reverse order, does the first clause get nullified?

[Jotaru]

Wut. If you're not guilty of a crime, you're not the kind of person who has to be worried about what the police ask you. On top that anyone with common sense knows to always have an attorney present if you're being officially questioned. Dunno what you're getting at.

Uh.. what? If you're not guilty, you're EXACTLY the person who should be worried.

Innocent person gets ganked off the street, gets berated with questions, and in some trickery form hours later, you inadvertently admit to something by misunderstanding. Not sure I can think of a good example, but something like 'Would you do it again?' ... I imagine a quick knee-jerk reaction would be to say 'no', and there's an admission of guilt, in a roundabout way. Now you're an innocent person convicted of murder and they have an admission.

[Khamsin]

If you are first questioned as a witness or just someone who might know something, and then later you are told you are a suspect, can what you told the police as a witness be used against you? Or only what you say after they tell you you're a suspect?

[Jotaru]

I assume it can be used against you still. My mom was involved in an issue at a nursing home where the patients were being mistreated by one of the nurses (she worked as a nurse there also). She was not only just a witness (not involved), she was also the first to report it (which eventually escalated into a federal case, as a death was involved) so thought she was in the clear - notifying the police of who's doing what and acting as one of their key witnesses generally puts you in a good position.

Few weeks later, FBI flashed their badges at our door. Turns out they were turning the case against ALL the nurses there, alleging they had knowledge of what was going on before they blew the whistle on the nurse at fault- she faced the prospect of now becoming one of the suspectS, rather than a witness, and the main worry was that everything she told them could (in a way) now be used against her, as she was facing becoming a suspect.

Not 100% sure what came of it, but I think they ended up just prosecuting the one nurse... but the issue was clearly there. Hopefully law-ish people can clarify.

[Dmitry]

If a suspect was to say those in the reverse order, does the first clause get nullified?

I would hope not