Why You Should Never Speak to the Police Without a Lawyer
In nearly every television show or movie involving law enforcement, the officers find a suspect, arrest them, and read them their rights. The suspect confesses. Case closed. Roll credits.
But real life is not like television. In the real world, police officers use tactics designed to pressure suspects into confessing. Their methods are effective. Studies show that anywhere between 25 to 60 percent of wrongfully convicted people confessed to crimes that they did not commit.
This article discusses your constitutional rights during a police interrogation, why answering police questions can hurt you, and how a Marin County criminal defense attorney can help.
Your Miranda Rights: What They Are and When They Apply
The Fifth Amendment to the U.S. Constitution protects accused people from being forced to testify against themselves. In Miranda v. Arizona, the U.S. Supreme Court held that the Fifth Amendment also gave those in police custody the right to talk to an attorney during police questioning. After Miranda, police departments are required to inform suspects that:
- They have the right to remain silent,
- Anything they say can be used against them in a court of law,
- They have the right to have an attorney present, and
- An attorney can be provided for those who cannot afford one.
Miranda rights only apply when there is a custodial interrogation. Interrogation happens when police ask questions about a crime. A person is in custody when they are not free to leave. Someone in a jail cell or handcuffed in the back of a police car is likely in custody. However, a person who voluntarily goes to a police station to answer questions is likely free to leave.
Even if Miranda applies, two important points must be noted. First, the Supreme Court has held that the rights to silence and counsel must be invoked. In other words, it’s not enough for a suspect to sit quietly or to say, “Maybe I should talk to a lawyer?” You must clearly say, “I wish to remain silent,” or “I want to speak to an attorney.” Once you invoke your right to counsel, the questioning must stop until your attorney arrives.
Second, Miranda rights can be waived. When you waive a right, you agree to give up the protection provided by that right. Miranda rights are easy to waive. The police may ask you to do so verbally or in writing. However, you can also waive your Miranda rights indirectly. For example, you can waive your right to counsel if you start answering police questions after you’ve invoked your right to an attorney. Because you can waive your right to counsel so easily, it is important to remain completely silent until your Marin County defense attorney arrives.
The Risks of Talking to the Police Without Legal Counsel
When the police warn, “Anything you say can and will be used against you in a court of law,” they mean it. An outright confession is the most obvious example of something that can hurt you at trial, but it is not the only one. If you tell the police that you left work at 7:00 but office records show that you clocked out at 7:10, the prosecution will pounce on the inconsistency and use it to attack your credibility. What you don’t say also matters. For example, you testify at trial that you couldn’t have committed the crime because you saw someone else do it. You didn’t mention this person during the police interview. The prosecution – and the jury – will want to know why your story changed.
You may think that only guilty people should be afraid to talk to the police. However, as mentioned earlier in this article, innocent people often confess to crimes. Police use a variety of tactics designed to convince people to confess, including:
- Using leading questions,
- Lying,
- Psychological tactics (e.g., “Good Cop, Bad Cop”),
- Isolation,
- Interruption,
- Hunger, and
- Sleep deprivation.
Do not assume that you will be able to withstand these tactics. It is best to ask for an attorney and wait for your Marin County defense lawyer to arrive.
What to Do If the Police Question You
Police interrogation is intimidating. If the police want to question you, here are some tips:
- Stay calm.
- Invoke your right to silence. Refusing to speak is not enough. You must say that you are invoking your right to silence.
- Invoke your right to counsel. Don’t make a vague statement like, “I think I might want a lawyer.” Be clear. Say, “I will not speak without an attorney.”
- After you invoke your rights, be silent. Don’t make small talk. Once you start talking about unrelated things, you may slip and start talking about the case.
How a Lawyer Can Protect You During Police Questioning
A Marin County criminal defense attorney can help you during police questioning in several ways. Your lawyer can:
- Help you understand your legal rights,
- Direct you not to answer certain questions,
- Make sure that the police follow all relevant federal, state, and local laws during interrogation and other investigation procedures (e.g., a suspect lineup).
If you’ve already talked to the police without an attorney, don’t worry. Depending on the facts, an experienced Marin County defense lawyer may be able to challenge the confession and have it excluded from trial.
Don’t Talk to the Police Without a Marin County Criminal Defense Attorney
Your freedom is precious. Talking to the police without an attorney will jeopardize your freedom. To protect your freedom, never speak to the police without a Marin County defense lawyer.If you’re facing charges in San Francisco, Novato, or anywhere in Marin County, California, call Brownstein Law Group. We help people charged with DUI and other serious crimes. If you need a Marin County DUI attorney or representation for any other crime, we can help. At Brownstein Law, we fight aggressively on behalf of every client. Contact us today to learn more about how we can help you fight for your freedom.