One of the most important things you can do to protect yourself during and after an arrest is to keep quiet. Most people do not have their lawyers present to shield them from an arrest interrogation. There are 6 rules about keeping quiet that you must know.
1. Don’t talk.
If asked, give the officer your name, address and telephone number. Do not answer any other questions. You may politely ask the officer for his or her name, a badge number and the reasons for your arrest, but then remain silent.
2. Ask to speak to a lawyer immediately.
When an officer starts questioning you about the alleged crime, ask for a lawyer. You can say, “I want to speak to an attorney before I answer any questions,” or “I want to talk to a lawyer.” The officer should stop questioning you at that point, however he or she may try to question you later. Repeat your request for an attorney, in a calm and respectful manner, each and every time an officer tries to question you.
You have a right to speak to a lawyer when you are being detained and questioned by the police. Asking for a lawyer does not mean that you are guilty. Don’t be afraid to assert your rights.
3. Do not make any written or verbal statements to the police about what happened.
A police officer may ask you to explain what happened in writing or verbally. Do not write anything down. Do not sign any written statements. Do not answer any questions about the case.
4. Do not try to convince the police officer of your innocence.
Do not try to talk your way out of the arrest. Resist the urge. Remain silent even if you feel that you are being accused of a crime that you did not commit. It is not the police officer’s duty to decide whether you are guilty. A police officer conducts investigations and makes arrests. A judge or a jury is responsible for determining guilt or innocence.
If the police officer decides to arrest you then there isn’t much you can say that will change the officer’s mind. More often than not, something you say will do more damage than good.
If you find out that you are under criminal investigation, and you haven’t been arrested yet, do not call or visit the police station to try to clear your name. Call an attorney. Discuss your case with a lawyer so that she can help you determine the best course of action.
5. Don’t believe the police.
Police officers are trained to get you to talk so that they can build a criminal case against you. Officers are permitted to lie or twist the facts if necessary. For example, an officer may offer to “go easy” on you or reduce the charges against you if you answer all of his or her questions. Don’t be fooled. Police officers have the authority to make arrests but they cannot dismiss a criminal case or make a deal with you. Only the prosecutor can do that.
6. After an arrest, only talk to your lawyer about the facts of your case.
Any statements that you make around strangers, neighbors, coworkers, friends or family members can get you into more trouble. They may be called to testify against you.
Do not send written messages about your case to anyone other than your lawyer. This includes all statements made through e-mail, text messages, Facebook, Twitter, Myspace or any other technology. Once you send a message through your phone or computer, the person receiving the message has a record of your statements. That person can share it with others and the information can end up in the hands of police investigators.
Furthermore, the service that enables the communication (e.g. Gmail, Facebook, Myspace, etc.) may keep its own copy of your messages. For example, let’s say you get arrested but your friend is kind enough to bail you out. Later that week you send a Facebook message to your buddy about your recent pending legal case. After you send the message you decide that it was a really bad idea to talk about your case online. Even if you and your friend delete your entire conversation, Facebook keeps its own copy of your online conversation. If a prosecutor finds out that you made statements that hurt your case, the prosecutor may ask a judge to order Facebook to hand over your account records. Tell your friends and family members that you can’t talk about your case.
Finally, be aware that all calls made from jail are recorded.
If you’re under criminal investigation or you’ve been charged with a crime, call me before you talk to the police.
Are you looking for a Worcester Criminal Defense Lawyer? Contact me for a free consultation by clicking here or calling 508.859.0008. For more updates, follow me on Facebook, Twitter and LinkedIn.
