Let’s cut to the chase: No, you should exercise your right to remain silent and ask for a lawyer!
● Many people, probably even most, answer questions from police officers after an arrest and thereby unnecessarily make their cases much worse.
● The fundamental answer is no; if you are arrested or “detained for questioning” do not tell the police what happened.
● Use these powerful words to cut off questioning and protect yourself: “Please, I want to speak with my lawyer.”
Why Do People Talk?
People who are arrested and asked if they want to give a statement often do so for a couple of reasons. First, they may be thinking, “if I talk to them, I can explain the situation, defuse it and they will let me go and not charge me.” The fact of the matter is that if the police have already arrested you and are questioning you about a crime, 99 times out of 100 they have already made their decision. You can’t change their minds with your charm, with your persuasive explanation, or with your honesty. If they act like what you say will change things for the better, it is probably a tactic to get you to talk. Generally, if you are arrested, the die is cast: you talking is not going to make any charge go away.
Second, people may be thinking, “I want to get this off my chest and just put all the chips on the table.” I appreciate this motivation because it comes from a place of honesty and authenticity. The problem is that what you say will be an evidentiary weapon used against you to prove something that may go way beyond what actually happened. You will likely end up taking responsibility for far more than you bargained for.
Consequences of Talking
“What you say can and will be used against you in a Court of Law.” This is the classic warning the Supreme Court requires police to give us before we talk. It is stark and true. When you speak in without consulting with a lawyer, your words will come back to haunt you. Think about what I wrote above, if the police have already decided to charge you, they are asking you these questions to build a case against you. They choose the questions, they are the bosses of this game. Many of them use very difficult and insidious strategies like the Reid technique to get inside your head and trick you into saying things you would normally never say. What’s more, in a trial down the road, you may find the presentation of your words by the prosecutor almost unrecognizable to your own ears. From a lawyer’s perspective, once we hear our client’s statement, we often think that its all over except for the crying: that’s how powerfully prejudicial a person’s own words can be in a case.
Right to Remain Silent and Right to Counsel are Our Rights
The right to remain silent and the right to consult with counsel before making any statement is a powerful right that many people died to secure for us. It is their legacy that we have this power. Know that if you exercise this right, it cannot be held against you in any way in any criminal proceeding. As much as police and prosecutors would like you to hang yourself with your own words, they must accept your wise decision and move on if you exercise your right.
Exercise Your Rights
Rights are powers that we can waive: we can choose to give up our rights. Once you waive these rights, there is no taking your words back. We shouldn’t give up our rights for nothing. So if the police simply offer you a chance to talk, you should rationally assess for just a moment: what do I gain by talking here and now? My point is, you don’t gain here, you lose.Without doubt, not giving a statement is the wise choice. It does take some humility to not speak. Frankly, it takes bravery. It means you have to accept that the police are doing what they are doing now and there is nothing you can do about it right now at least. Talking to the police in this context of being arrested is scary, confusing, frustrating and the biggest mistake you can make with respect to your case. Your best bet is to hold your tongue until you can consult with an attorney: someone that is duty and honor bound to give you wise counsel and act only in your best interests.