Many people know that they have a “right to remain silent.” But what does that mean in real life, when you are confronted with law enforcement officials asking questions, sometimes asking very forcefully?
In this blog post, we’ll explain why you should exercise your right to not answer any question from the police until your lawyer is with you, when this advice is most important, and how to go about actually invoking your right to remain silent.
The Dangers of Speaking to the Police
One of the central missions of police is to investigate crime and identify the guilty party for prosecution in court. To obtain the evidence they need to prosecute the guilty, police have developed investigative techniques that have proven useful to entice people to talk to them, often making statements that admit to crimes or knowledge of or involvement in criminal activity.
Experienced police officers have learned that people have different reactions to being confronted and questioned by police about a crime. Some people have been taught, with the best of intentions, that honesty is the best policy. While that may be a commendable principle, the best policy in the criminal justice system for a suspect is to be quiet.
Confessing to wrongdoing in the hope or mistaken belief that honesty will be rewarded with leniency is a self-destructive strategy. If you want to take such an avenue, let a lawyer first negotiate the best possible protections in exchange for your cooperation with law enforcement. Admitting to a crime without your lawyer’s advice and counsel is volunteering to be convicted and sentenced.
Avoid Self-Incrimination (Don’t convict yourself)
Getting arrested is a stressful experience. For a lot of people, just being questioned by police causes them anxiety. Under these uncomfortable and fearful circumstances, it’s not easy to keep your wits about you and remember to be quiet.
The Fifth Amendment of the Constitution of the United States guarantees that ‘no person . . . shall be compelled in any criminal case to be a witness against himself.i While “taking the Fifth” is sometimes thought to apply only in court or formal legal proceedings, the fact is that it applies everywhere in the U.S., almost all the time.
Some of the strongest evidence that can be used to convict a defendant is their own statements to the police. Even though recent scientific research proves that there are genuine reasons that even innocent people confess to crimes, that is a hard sell to a judge or a jury.
Why You Should Not Confess
Being arrested is an unpleasant and frightening experience for most people. The fear and uncertainty about what will happen next frequently tempt people to start talking. Sometimes the detainee thinks they can “explain” why the police are “misunderstanding what happened.” Then, hoping to persuade the police to let them go, the detainee starts to say things like, “I was not the one who broke into that house; I was waiting outside.” Or maybe, “I didn’t start the fight. The other guy hit me first, so hit him back. I didn’t mean to fracture his skull.”
As you can see, these attempts to minimize the detainee’s guilt don’t really help. What the first statement reveals to police is that the person was at the scene of the crime as a lookout, and the second detainee is the person who struck the victim, causing a serious injury.
Will the police think I’m guilty if I refuse to answer questions?
The police may think you are uncooperative, causing problems, or that you are guilty when you refuse to answer police questions. But getting the police to like you is not your biggest problem in this situation. The only person who is on your side will be your criminal defense lawyer. And every answer you provide to the police could prevent your lawyer from being able to help you.
If the police and prosecutors already had evidence enough to arrest you, prosecute you, and convict you without your confession, why add to the evidence against you? And if they don’t have enough evidence to arrest, prosecute, and convict you, why would you want to answer questions and provide them with the evidence they needed?
Why You Should Not Lie to Police
Lying to the police is of no value and is usually very destructive to defense efforts to win favor with the prosecutor or the court. As soon as the lie is discovered, nothing the arrestee says thereafter will be trustworthy. If someone lies to police initially and later testifies truthfully, admitting that they lied earlier, their entire testimony can be doubted by a jury.
When Do You Have the Right to Refuse to Answer Questions?
If you are approached by police on the street, or if you are pulled over while driving, you can politely tell the police, “I’d rather not answer any questions, thanks anyway.” It really is as simple as that.
If you are taken into custody, handcuffed, locked in the back seat of a police vehicle, or held at the police station, you should clearly state your decision to remain silent and say, “I will not answer any questions without a lawyer with me.” Then be quiet!
Some people wrongly believe that they only have the right to remain silent once they’re arrested. That is not the law. You never have to answer police questions unless you choose to do so, except to identify yourself in most states.
Often, veteran police investigators will say something to make a detainee doubt their decision to stay silent.
- “If you want to play it that way, then we won’t be able to help you.”
- “We know you did it. You might be able to help yourself if you talk to us.”
- “Your buddy already gave you up, anyway. Unless you want to tell us your side, we’ll just go with their story.”
What Good Will a Lawyer Do You?
Criminal defense lawyers have extensive experience helping people who are charged with crimes. If you have valuable information to share with the police that helps your case, your lawyer will assist you in communicating it to the proper authorities.
Delaying any conversation with police until your lawyer is present and can shield you from any self-destructive statements can mean the difference between a failed prosecution and a long prison sentence.
Without a statement from the defendant, the police and prosecutors must prove every single element of the alleged crime by other evidence beyond a reasonable doubt. In many cases, that evidence may not exist. Defendants answering police questions before speaking with a lawyer relieves prosecutors from needing to produce other evidence in most cases.
Tampa Criminal Defense
Protect yourself and your family by being silent until you meet with a lawyer. Call Tampa’s experienced criminal defense lawyers at Stechschulte Nell today; 813-280-1244.
