Police can show up anytime and anywhere looking to speak with you. Maybe it’s at your house in the middle of the night, at your place of work, or is a random phone call. The reality is police usually only want to question people when they are trying to gather information about alleged crimes. Police often use various techniques to get suspects to talk and police questioning is designed to get a confession or at a minimum, to get information that can be used against you in a criminal prosecution. Because of this, participating in any form of police questioning without an attorney is NEVER a good idea.
Why Do Police Want to Question You ?
When police approach you for questioning it’s often unclear whether you’re a suspect or a witness. It’s also anybody’s guess as to what piece of information the police are after. Often, police want to coordinate a time to meet in person to ask you questions. Police usually present such meeting requests as informal opportunities for them to explain the situation and to give you an opportunity to tell your side of the story to clear up any confusion. Unfortunately, many individuals believe they are obligated to participate in these requested interviews and it’s not until after they’ve given a statement to police do they realize the mistake they’ve made.
Can Anything I Say Really be Used Against Me?
YES. We’ve all seen Miranda warnings be given on TV and in movies. The most notable Miranda line provides that “anything you say can and will be used against you in a court of law.” But what does that mean? It means exactly what it says: that anything you tell the police can be used in a criminal prosecution against you, regardless of whether it’s a statement attesting to your innocence or is simply a small inconsistency or mistake in something you said.
For instance, suppose the police want to question you about your involvement in a fight that occurred in a crowded bar. You tell the police you were at the bar when the fight occurred but that you did not hit anyone (because you really didn’t). However, the police might have evidence from another witness or suspect claiming they saw you hit someone during the fight. Unfortunately, your statement to the police did two things (1) confirmed you were at the scene of the crime and (2) contradicted another eyewitness and demonstrated to the police that you might be lying or hiding something. It’s possible police now have enough to place you under arrest because you confirmed you were at the bar and they believe you lied to them.
No matter what you say to the police, the reality is any statement you give can be misconstrued and used against you. Speaking to police will almost never help you talk your way out of an arrest or charge. Instead, giving a statement to the police can easily be twisted to prove guilt or to show inconsistencies in your story. Simply put, you never know what missing piece of information police are looking for when they want to speak with you. Let police do their own investigating. You are not under any obligation to help them fill in the gaps with missing information by participating in questioning.
Misconceptions About Talking to the Police
It’s human nature to want to tell your side of the story to the police to clear your name. Even when people have been reminded of their Miranda rights, many individuals mistakenly believe that by refusing to talk to the police it makes them look guilty. That is wildly inaccurate. Refusing to speak to the police cannot be used against you in a criminal prosecution or considered by a fact finder when determining guilt or innocence. Dealing with the short-term uncomfortableness of telling the police you will not speak to them without an attorney could be the difference in getting charged with a crime or preserving your freedom.
Additionally, the police have NO authority to make a deal with you in return for any statement you provide. Do not believe police if they indicate nothing will happen to you if you speak with them. Instead of gambling with your freedom by talking with police, it’s always a better idea to exercise your right to remain silent and be represented by an attorney. Once you assert that right, you do not have to say anything to the police, and officers should stop interrogating you until your lawyer is present.
Berry Law’s Team Provides You With Multiple Attorney Perspectives
Who Do I Contact if Police Want to Question Me?
John S. Berry Jr., Criminal Defense Attorney
Berry Law’s criminal defense attorneys have been serving as barrier between its clients and the police for over 50 years. Requests to speak to law enforcement should not be taken lightly and giving a statement to the police prior to consulting with an experienced defense attorney can have devastating consequences. It is important to obtain the assistance of an attorney the moment you learn that police want to question you so that you can put yourself in the best position possible to defend against criminal charges.
