Speaking to the police can be a very poor decision, regardless of whether or not you did something wrong. Many times when the police are calling or speaking with you they have some evidence that you committed a crime. Other possibilities are that they are trying to justify charging you or make their case against you even stronger. They may say they just want to talk, and they are not going to arrest you, but the truth is that they have the right to charge you with very little evidence. The best choice you have is to remain silent; that is your constitutional right. There are numerous ways that you can get arrested just by talking to the police for a few minutes.
Admitting guilt without knowing it…
The police have a way of uncovering information from you while you think you’re saying nothing that could hurt your case. The truth is the more you talk the more likely they are to strengthen their case, even if you did nothing wrong, even if the facts you provide them seem to be meaningless or are truthful. Inadvertently, you could be providing them with facts that help prove a case against you. Any professional attorney or lawyer understands this and will suggest not speaking with the police. Don’t say something because you’re on the spot or are nervous. Think before you speak and call your attorney.
You might tell a lie…
It can be easy to tell a lie or give false or inaccurate information even on accident. If you do tell a lie and it is proven that what you said wasn’t true, your whole case becomes increasingly difficult to defend. The prosecutor can now discredit any of your statements, argue your guilt, and say you are hiding the truth, even if your statement was just an honest mistake. The chances that you will be found guilty have now escalated. Saying nothing is your best defense.
Misunderstandings and forgetfulness happens…
If you don’t articulate yourself correctly it could come back to bite you. If the police misunderstand what you say, it can be their word versus yours. The police might not understand what you are saying and will interpret it in their own way. They may also forget portions of your conversation after they have talked to multiple people and heard different stories. What they do tend to remember are the parts that make you sound guilty and forget the parts that help build a case for innocence.
If you want to confess…
The only person you should confess to is your lawyer or attorney. The conversation you have with your lawyer is completely confidential. A confession to the police is something you cannot take back and will be held against you in a court of law. Not only can what you say hurt you, but so too can what you leave out.
The best answer is to tell the police you will not speak to them when your attorney is not present. In this situation, they aren’t legally allowed to question you, but if they still do, you need to hold your stance of remaining silent. After telling the police this, they may inform you that you will be arrested if you do not speak with them. Don’t allow them to fool you and use this as an excuse to start speaking. Their initial intent was to arrest you, and not speaking with them was not the turning point.
Be firm, but be polite and respectful.
James Duane, a Regent Law School professor, further explains why you shouldn’t speak to the police in this video.
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