subject: Why You Should Remain Silent if The Police Want to Speak to You About a Criminal Matter [print this page] Why You Should Remain Silent if The Police Want to Speak to You About a Criminal Matter
The Police/FBI come to your door and would like you to answer some questions. Here are some reasons why you should not speak to them without an attorney present.
1. YOU HAVE NO IDEA WHY THEY ARE TARGETING YOU
In the complex world we live in people can become insnared in a criminal conspiracy without even knowing about it. Loaning a car to a friend, picking up a package for someone and just riding in the car with a person you really don't know can be cause for suspicion by the police. Most police officers are lazy public servants who are looking to make an easy arrest and go home. The easiest arrest is the person who admits all the cops want to know. Once your fit in their puzzle you are going to jail.
2.THERE USUALLY IS NO PUBLIC RECORD
Most police interviews are not recorded in any way except maybe by the cop in his memo book. This puts you at a huge disadvantage in the future when they can claim you said something that you did not say.Maybe they misheard you. Maybe they are flat out lying about what you said. The point is that without the conversation being recorded in some way it will be your word versus the cops and you will lose. The best thing to do is just politely tell the officers that you respect their jobs but you want to speak to an attorney before you make any further statements. Now if the cops want to lie and make up what you said, that is one them. Just remain silent.
3.THE POLICE CAN LIE TO YOU ABOUT WHAT IS GOING ON
Courts have held that a police officer can lie to a suspect in order to get a confession out of him and that is ok. The biggest lies happen in the big cases like " We found your blood at the scene." There have been many examples of people falsely confessing in order to get the interview to stop. If the police have any evidence agains you the must show you eventually. It is called discovery and they cannot lie about it. But if you believe their lies they can guide the conversation to where they want.
4.YOU WILL NOT OUTSMART THE COPS
Many people believe they can talk their way out of trouble. This usually does not work out too well. First, the police are professionals and do this everyday. They know what to look for in a conversation and they may have also been investigating you for a while. More importantly, the conversation is not a fair one because the police will not tell you what they know and will not answer your question.
5.THE FEDERAL AND STATE CONSTITUTIONS PROTECT YOUR RIGHT TO REMAIN SILENT
The right to remain silent is a major pillar in our system and it forces the state to prove its case beyond a reasonable doubt without compelling you to testify. It is a rare right in a world of brutal dictators. We have the rule of law in America so don't give it up so easily.
6. WHEN CAN I TELL MY STORY
If you are arrested, the time to tell your story is when you take the witness stand in front of the jury. If you have not made any prior statements you cannot be cross examined about those statements. It is your right to testify if you want. The jury can then judge you but don't let the police use your words against you.
Of course there are times you want to talk to the cops. If you are a victim or a witness to a crime, you should speak to them. But if the police approach you and want to ask you questions about any topic, tell them you respect their job but want to speak to a lawyer first. For more information go to www.dwigeorgia.com www.nycdomesticviolencelawyer.com.
