Understanding Your Rights to Remain Silent and When to Call an Attorney.
For those with really short attention spans, I can give you the “Too long, didn’t read” version.
TLDR:
Should I talk to the police? No.
When should I call an attorney? Right away.
When police are questioning you about your involvement in a potential crime, the best thing to do is to not answer any questions and contact legal counsel at your first opportunity. A simple, “I’m not answering any questions,” is a great start. Let the police know in clear terms, you are exercising your right to remain silent. Next, a very clear request for counsel should be made. “I want an attorney.” Don’t say things such as, “Should I have an attorney?”, or, “Maybe I should speak to an attorney.” Make it clear and unequivocal that you are exercising your right to counsel.
Of course you should always be polite to law enforcement. When asked, identify yourself. If you are in a traffic stop situation, provide your license, registration, and insurance.
In the United States, when confronted by law enforcement, people often find themselves asking the big question: should I talk to the police? The tension may come from our innate sense of respect for authority, or willingness to help. In an interrogation situation, you need to be worried about your own neck, not being polite. Understanding your rights, particularly the right to remain silent and the right to legal counsel, is “numero uno” (and “dos”) in navigating interactions with the police.
The Fifth Amendment of the United States Constitution guarantees that no person “shall be compelled in any criminal case to be a witness against himself.” This fundamental right, commonly known as the right to remain silent, allows citizens to refrain from answering questions posed by law enforcement officers. Exercise of this right serves as a protection against self-incrimination and guarantees that individuals don’t unwittingly provide statements that can be used against them later in court.
The Sixth Amendment outlines the right to legal counsel, stating that in all criminal prosecutions, the accused shall have the right to the assistance of counsel in their defense. DO NOT handle your criminal case alone. You could probably do a lot of things yourself, but you’ll never do them as well as some who has a degree in that field. You need your appendix taken out? You want to design a bridge? You want to stay out of jail? Get a pro to help you with that. These aren’t DIY situations. An attorney can provide invaluable guidance, protect your rights, and help navigate the complexities of the legal system.
Don’t forget that every question asked by the police is geared towards gathering evidence and potentially incriminating the suspect. Even innocuous questions can be used to build a case against you. For example, questions about timing may seem mundane, but I promise you the police are asking them for a specific reason.
Words have consequences in criminal law. Words can get you convicted. Even if you believe you have nothing to hide, innocent statements can be misconstrued or used out of context to support a case against you. Law enforcement commonly uses the words of the accused to bolster a case against them. In many cases, it’s the best evidence they have.
One common misconception is that remaining silent means you’re guilty. Don’t think of it that way. Think of it as a fundamental legal principle. Regardless of innocence or guilt, exercising this right is just plain smart to keep you from inadvertently getting deeper in trouble.
Do you watch true crime shows? Dateline, or 48 Hours? How many times do the knuckleheads get caught on Dateline because they talked too much? That, loyal McDowellfirm.com blog readers, wasn’t a rhetorical question. The answer in Jeopardy format is, “What is…all the damn time?”
A police interrogation is inherently stressful, and we often don’t make the best decisions when stressed. Do you know how often people make false confessions during police interrogations? The answer is the same as the previous question for $200 in the category of “Stupidest things you can do when facing criminal charges”. I guess if we’re talking about Jeopardy, flip the answer and question part. Maybe I’ll do another blog post covering some of the worst mistakes you can make when accused of a crime. But we’re already talking about #1 and #2 in this post. The #3 position will probably be getting caught in 4K. Cameras are getting really good, and most police officers have them on their bodies at all times. Just imagine that you are being recorded at all times. Would you do or say something if you knew you were being recorded?
When in doubt, call a good criminal defense attorney. 99 times out of 100, the right answer is to shut up.
If you did something illegal: shut up.
If you’re innocent: shut up.
In both scenarios, just remain calm and call an attorney. Once you say something, it’s out there.
A lot of reputable lawyers offer free consults. You probably have a good idea what my initial advice will be if you call and ask me. But remember, remaining silent and calling an attorney are just the first two steps in an effective defense of criminal charges. There’s a whole lot more to be done. If you already made the mistake of not remaining silent, don’t compound it. Call an attorney to discuss what to do next.