One of this country’s most significant laws, the Fifth Amendment, gives individuals the right to remain silent. This is a broad right which allows us to avoid questioning from law enforcement when in custody. Since the seminal case of Miranda vs. Arizona, police are required to give “Miranda” warnings when two things apply: 1. The subject is in police custody and, 2. They ask questions or make statements which are reasonably anticipated to gain incriminating responses. These warnings are intended to aid people in preserving their ability to avoid self-incrimination.
Often, people fail to invoke this right as they feel they have nothing to hide when they are talking to police. While this may be true and an individual could be completely innocent, it is always important to remain silent and ask for a lawyer. However, when one is entitled to a lawyer is a different question for a different blog.
If you’re suspected of a crime, the police may be trying to build a case against you. They are using their training to interrogate you whether you know it or not. Any information shared when speaking to any police officer, and most other non-lawyer, third party can, and will be used against you in a court of law. Just like you’ve heard on t.v., right?
There are different ways that police may reach out to you to get a statement or gather more evidence for a crime. Many times, they invite individuals to their office and assure them that it is in their best interest to speak to them. They may tell you they are trying to hear your side of the story. Offering individuals a comforting setting and snack to try to make you more comfortable in sharing any information that can be beneficial to you. Don’t fall for their ruse.
These aren’t the only tricks that they have when it comes to making people confess or share more information. Police are experts when it comes to interrogation, with departments having a wide variety of tactics to help squeeze out any information out of you for their benefit. Some other tactics include intimidation, pressure, and lying.
It is important to know that you have zero obligation to talk to any detective through the phone or in a meeting. Simply let them know that you won’t say anything unless a lawyer is present.
Having a lawyer present helps relieve the pressure you might feel under police scrutiny. A lawyer will help guide you and avoid any questions that may lead to evidence against you and your case. A good lawyer can help build your defense for any crime that is charged against you, while ensuring your rights are protected if or when speaking to police.
Many times, talking to the police can come off as harmless, and even beneficial to any individual who believes they have nothing to hide. Simple and seemingly innocuous statements can tend to corroborate allegations against you or suspicions cops have about you. Such a mistake can lead to you facing arrest, criminal charges and hamper a possible defense. Don’t let yourself get boxed in. I don’t care what the cops say they “need” or you “have to do”. It is critical that you not only invoke your fifth amendment right and remain silent when speaking to police, but also affirmatively ask for a lawyer. Hiring the right lawyer can help you through any type of interaction with the police.
Have the police called you and you’re unsure of what to do? Call a lawyer who means business and can get you the results you want:
Call me, Attorney Jeffrey Vallens (818) 783-5700
or email me at: vallenslaw@yahoo.com or
visit our sites for more information:
www.4criminaldefense.com or
www.westlakecriminaldefense.com