What Michael Phelps Should Have Said (relating to his ALLEGED marijuana use)

When you, an individual, celebrity or not, are asked by law enforcement to admit to conduct that may be criminal or that you know you are caught in the midst of …

remain silent.

You have absolutely no obligation to provide evidence against yourself.  Similarly, do not provide information if anyone asks… it can only fall into the wrong hands and be used against you.  Remain silent. 

The notion that owning up to a mistake will make things alright is not true.  Take Michael Phelp’s issue for instance… regardless of whether or not he is arrested, charged, and possibly convicted of possession of marijuana, this is still a huge issue for him … a smear campaign.  Don’t apologize.  Don’t make statements that may suggest wrong-doing, as Phelps has done… in short:

If something can be proven, let the government prove it, but do not help them by testifying or giving evidence against yourself.

Having set out my opinion, as a criminal defense attorney… here is what Michael Phelps should have said, according to my political beliefs and experience as a criminal defense attorney (read the following as if Michael Phelps authored it):

I am not going to admit any wrong-doing.  I am going to utilize my right to remain silent as guaranteed by the 5th Amendment to the United States’ Constitution and also protected by each state’s constitutions…

I am refusing to provide a statement or explanation because it is a private matter that occurred during my private life.  The fact that I am followed around by cameras and many people seek to diminish my name and accomplishments are up to those people.  But still, I will not admit wrong-doing.

Like most professional athletes, I work to cause my body to do things most other human beings have never accomplished.  And, it was done without the use of performance enhancing substances. 

So many people in America get upset when an athlete or other celebrity is believed to have used marijuana.  Some segments of society (many elected officials) have brainwashed much of America into believing that smoking marijuana is a horrible criminal behavior that must be stopped to save America.

So, to summarize, I do apologize for not believing that you have an interest in my health or in protecting society.  What I do believe is that some of you just get some twisted voyeuristic thrill from trying to topple a professional athlete / celebrity.  Afterall, what percentage of all Americans have tried marijuana at least one time in your life? 

(Best Regards, MP)

I wish Michael had written something like that or presented his "apology" in that manner.  Afterall, there are multiple noted marijuana smokers, including world-class athletes, Nobel Prize winners, at least three U.S. Presidents and Supreme Court justices, and other incredibly successful people from all sectors of business and the arts.

Marijuana laws are nothing more than pure hipocracy.  Those who rail against the use and possession of marijuana or have someone in their family who got busted with it should have to suffer the same consequences of anyone else but the harsh reality is that they do not.  To change my opinion of this, I would like to see some of the prosecutors, judges, and other lawmakers that have ever played a part in convicting someone of marijuana possession or PDP to accept the same consequences they dole out for everyone else.

Bottom line, we all know that money is the leading reason Michael did issue the apology.  I would be willing to wager that a series of meeting occurred between lawyers for each of the sponsoring agencies and Michael’s attorneys and that collectively they drafted this statement that Michael issued.  Hopefully, Michael is just playing along if that is what happened because he really has nothing to apologize for.  I could continue to rant for pages … but I’ll stop here.

Legalize Marijuana.  Stop the SENSELESS prosecution of this minor "offense".  In fact, help turn around the American economy by allowing the government to tax the sale of weed… thus generating some income to help pay for all these bailouts … just like it does tobacco and alcohol.