lawyer explains why you shouldnt talk to cops

Most law experts agree you should never talk to the police. Why? When speaking in a panic, your chances of self-incriminating are very high. You need to have legal counsel with you anytime you have any contribution to make to the case, especially if you are a person of interest.

Full Answer

Why shouldn’t you talk to the police?

Top 10 Reasons Why You Shouldn’t Talk to Police! REASON #1: Talking to the police CANNOT help you. EVER. If the police are talking to you, it’s because they suspect you have committed a crime.

Should I talk to the police if I am innocent?

Remember: There is absolutely nothing to be gained by talking to the police—it will not stop the police from arresting you and, in the end, will only hurt your case and your future. Perhaps you actually are innocent, yet make a misstatement when talking to police, leading them to believe you are guilty.

Can the police continue to question me without an attorney?

It is always in your best interests to simply give your name and address politely then refuse to answer another question until your attorney arrives. Once you have requested an attorney, the police may no longer continue questioning you.

Will I confess to the police if I have an attorney?

Communications with your attorney are privileged and confidential, and that urge to confess to the police will pass, so keep your lips sealed until your attorney arrives. Once your attorney arrives, he or she will consult with you, then inform the detective that you are represented by counsel and the detective may no longer question you.

Should criminal investigations be placed in the hands of partisans?

Perhaps the most basic or the most radical suggestion of all is the whole business of conducting criminal investigation should not be placed in the hands of partisans who are assigned the job of putting together the prosecutor’s case. Any police officer will tell you, “We’re here to get to the truth.” But the reality is that over time police officers inevitably come to see themselves as part of the prosecutor’s team. They work with the prosecutors, they testify for the prosecutors, they meet with the prosecutors. There are other Western democracies that have legal systems mostly like ours but place significant parts of the criminal investigation in the hands and under the direct supervision of judges and magistrates who really are neutral.

Did Duane speak to the police?

Though Duane said in his lecture he would never speak to the police, he has no problem speaking to anyone else, especially about that lousy Supreme Court ruling, ways to reduce false confessions, and why he’s cool with his book helping guilty people go free.

Can you use the Fifth Amendment against you at trial?

The game has changed now that your choice to use the fifth amendment privilege can be used against you at trial depending exactly how and where you do it. As I explain in the book, now the problem is, if you’re kind of clumsy about the way you assert the Fifth Amendment, you’re running a lot of different risks.

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What happens if you don't talk to the police?

If they have evidence to arrest you for a crime, they will . If they don’t, they won’t. It’s as simple as that. Talking to them or not talking to them won’t make a difference! No one has ever “talked his way out of” an arrest. If the police have enough evidence to make an arrest, they will. If you deny that you committed ...

Why do police talk to you?

If the police are talking to you, it’s because they suspect you have committed a crime. If they have detained you, it’s because they already have enough evidence to arrest you and they want to see if you will admit it and thus, give them an even stronger case against you. If they have evidence to arrest you for a crime, they will. If they don’t, they won’t. It’s as simple as that. Talking to them or not talking to them won’t make a difference! No one has ever “talked his way out of” an arrest. If the police have enough evidence to make an arrest, they will.

Why do police make vague statements?

People tell me all the time that they gave a statement to the police because the police told them that they would be better off if they confessed, better off if they admitted what they did wrong, better off if they cooperated. The police will make vague statements that things will go easier on the suspect if he simply admits what he did wrong. The police will also make vague statements suggesting that they will do what they can to help the suspect, that they will put in a good word with the prosecutor, if the suspect will just come clean.

What happens when a police officer says there has been a homicide?

When the officer said there has been a homicide, the suspect may have simply assumed that the killing was done with a gun. Or the suspect may have overheard in the police station some other officer talk about the fact that it was a shooting. But if the officer taking the statement had never mentioned a gun or a shooting, and the suspect makes the statement that he had never owned a gun, you give the prosecution the opportunity to create some high drama, suggesting that suspect has had a Freudian slip, and has made a statement about a gun because he is, in fact, the murderer. And as the murderer, he knew that a gun was used.

What are mitigation factors in police interviews?

In fact, the suspect may have committed a lesser grade of offense. And if given the opportunity to talk to an attorney first, the attorney may be able to explain to the suspect what facts are important in establishing that he is guilty of a lesser grade of an offense, and not a higher grade. A confession presented in this context to the State Attorney’s office might result in a lesser charge and a more appropriate and fair penalty.

What happens if a police officer takes the witness stand?

If the police officer takes the witness stand and contradicts your statements at trial, it will kill your credibility. You can take the witness stand and say “I never said that!”. But it’s your word versus a police officer.

What happens if you deny a crime?

If the police have enough evidence to make an arrest, they will. If you deny that you committed the crime, they will not believe you. They already have evidence suggesting that you committed the crime. They’ll assume you’re just doing what every criminal does in denying the offense.

What to do if you are being asked to talk to a police officer?

Our attorneys are highly skilled and knowledgeable regarding Florida laws and will assess your case after hearing what you have to say, then determine the best way to proceed. You can trust an attorney from Finebloom, Haenel and Higgins; we will aggressively defend your rights and look out for your future.

How long can a person be questioned by police?

The Court decreed that any person held for a federal crime cannot be held and questioned for longer than six hours unless they are brought before a federal Magistrate Judge. Even with these additional safeguards in place, six hours is a very long time to be questioned by police, and the rules in non-federal cases are often blurry at best. While states are not obligated to follow Federal guidelines, local police departments may choose to err on the side of caution in bringing a suspect before a judge sooner rather than later if only to avoid the possibility of having a coerced confession thrown out—or they may not.

What happens if you don't tell a white lie?

If you are innocent and don’t tell a white lie or give the police a detail they can use against you, what if the police officer you are speaking to doesn’t remember your statement with 100% accuracy? Police are only human, and unless you are being recorded while speaking to the police, they may remember what you said one way while you remember it entirely differently. They may also take a portion of what you said out of context, making it sound like you said something you actually did not mean. Of course you will have the opportunity at trial to tell the jury that you did not say what the officer stated, however in the real world juries are just much more apt to believe a police officer over the person on trial. They will assume that you will lie in order to avoid being convicted of a crime. It may not be fair, or right, but this is the world we live in.

What does it mean when a detective asks you questions?

It is equally important that you understand that if a detective calls and says he just wants to “talk to you and ask you a few questions,” this is exactly the same thing as an interrogation. The police may cloak their request in milder language in order to lull you into thinking there is no reason you shouldn’t talk to them, but police officers are highly trained to extract as much information from a suspect as possible, using any tactics necessary—even if that includes blatantly lying to a suspect.

Do you have to be silent when being questioned by police?

If you are ever in a situation where you are being questioned by the police, it is extremely important that you take your right to remain silent very seriously. In many cases suspects are questioned aggressively to the point they give in and confess—even when they are actually innocent. A 2009 United States Supreme Court ruling addressed this issue in Federal cases after a robbery suspect was held and questioned for two days straight. The Court held that interrogation involving isolation and pressure can lead to involuntary confessions from truly innocent people.

Can the police make a deal with you?

It is important that you understand that the police have no authority to make a deal with you in return for your statement. Of course they may imply they do have such authority, but only the district attorney’s office can offer you a legitimate deal. Police are well-known for telling suspects that “it will be much easier on you, if you just tell me what happened.” This statement is never going to be true, so don’t believe it.

Can talking to a police officer help you?

There are virtually no scenarios in which talking to a police officer will actually help you. If you have been brought in for questioning, it is important that you realize that the police officers believe you have committed a crime and that they have almost enough evidence against you to arrest you. It is highly likely the officers are working under the theory that if they get you to talk, you will give them additional evidence against you. It is probably fair to say that no one has ever talked their way out of an arrest; if you deny that you had any part in committing the crime in question it is highly unlikely you will be believed—after all, the police believe all suspects are guilty and that you will lie to get yourself out of trouble. There are many, many, people who believed they were eloquent or well-educated enough to convince a police officer they had no part in committing the crime in question, yet many of those people are currently sitting behind bars. Remember: There is absolutely nothing to be gained by talking to the police—it will not stop the police from arresting you and, in the end, will only hurt your case and your future.

How long do police have to hold you?

What this means is that the Police are literally on the clock. They must prove their case and make it ready for trial within 72 hours of holding you. Though in some cases the Police can request to be granted permission to hold an individual for longer, there has to be some serious evidence for this to be granted.

What is the right to remain silent when arrested?

Since this is based on the 5 th amendment of the constitution that states that a person cannot be forced to give a testimony that can incriminate them or their spouse, the option to remain silent is treated as a citizen’s right. You can get a full description of this amendment in this article.

What does it mean to be innocent until proven guilty?

This means that they will be actively looking for any evidence to support their theories and not those that show your innocence. With this in mind, distrust any offer or promises they make you without an attorney present. Any promise or deal should be made with and through your attorney.

How long does it take to get charged by the police?

To this end, most states demand that the state (Police) either charge an accused within 72 hours or they have to be released.

Can police talk to you without an attorney?

It’s not a race or a matter of life and death so the Police can wait for your lawyer to get to you. The fact that they are even trying to convince you to talk without your lawyer should set off some warning bells. The more the pressure to talk without an attorney, the more you should resist because the Police know that the law requires your attorney to be present unless you waive that right, which of course you shouldn’t.

Can you be out on bail before you know it?

Therefore, you can be out on bail before you know it if you just keep quiet and wait for your attorney. Even if you can’t make whatever bail amount is set by the court, you can get help with that here.

Can you plead the fifth?

No they can’t. Even the courts can’t since you can plead the fifth. The Police will only want to trick you, scare you and intimidate you into talking. If you insist on not talking without having your lawyer around, they will have no choice but to leave you be. This right may however be waived if you are accused of offences that are classified as a threat to national security.