Often times the police will act like your best buddy when confronting you, telling you that they just want your side of the story so they can help you clear up the mess. The most important thing to remember when you are being confronted by the police is that they are there to corroborate evidence they already have that incriminates you, not to get you out of anything. As the familiar TV phrase indicates, “Anything you say can and will be used against you in a court of law.” It really is that simple. Any statement you make that shores up their case against you goes into a report that goes to the State’s prosecutor who then files charges against you. If you have something that needs to be said to the police or prosecution, hire an attorney. They have the knowledge and expertise necessary to get the proper evidence to the State on your behalf without further incriminating you. If you remember nothing, remember this: Do not give an interview or statement to the police.
Also important to remember is that when police interview or interrogate you, they can lie to you including telling you that they have conclusive DNA evidence, video evidence or eye witness testimony proving you committed a crime. Assuming you have committed a crime with other people, they can tell you that the others have snitched on you. All of these things are perfectly legal and if they happen, they alone will not give the Court reason to keep your incriminating statements out. The best thing for you to do if you’ve agreed to talk to the police without an attorney present (which as I stated above, I do not recommend) and things start going south is to tell the police you want an attorney, and be specific about it. You have to clearly state, “I want an attorney.” At that point, the police are no longer allowed to question you without an attorney present.
Another important thing to remember when encountering the police is that you have the absolute right to refuse to consent. Put another way, if the police ask you if they can search your car, your house, your person, etc. you have the right to say no. If they have enough evidence or suspicion to search any of those things, they’ll do it regardless of your consent. It’s when they don’t have enough evidence to search that they need your consent. Don’t help them build a case against you. Say no.
How to Deal with the Police
Often times the police will act like your best buddy when confronting you, telling you that they just want your side of the story so they can help you clear up the mess. The most important thing to remember when you are being confronted by the police is that they are there to corroborate evidence they already have that incriminates you, not to get you out of anything. As the familiar TV phrase indicates, “Anything you say can and will be used against you in a court of law.” It really is that simple. Any statement you make that shores up their case against you goes into a report that goes to the State’s prosecutor who then files charges against you. If you have something that needs to be said to the police or prosecution, hire an attorney. They have the knowledge and expertise necessary to get the proper evidence to the State on your behalf without further incriminating you. If you remember nothing, remember this: Do not give an interview or statement to the police.
Also important to remember is that when police interview or interrogate you, they can lie to you including telling you that they have conclusive DNA evidence, video evidence or eye witness testimony proving you committed a crime. Assuming you have committed a crime with other people, they can tell you that the others have snitched on you. All of these things are perfectly legal and if they happen, they alone will not give the Court reason to keep your incriminating statements out. The best thing for you to do if you’ve agreed to talk to the police without an attorney present (which as I stated above, I do not recommend) and things start going south is to tell the police you want an attorney, and be specific about it. You have to clearly state, “I want an attorney.” At that point, the police are no longer allowed to question you without an attorney present.
Another important thing to remember when encountering the police is that you have the absolute right to refuse to consent. Put another way, if the police ask you if they can search your car, your house, your person, etc. you have the right to say no. If they have enough evidence or suspicion to search any of those things, they’ll do it regardless of your consent. It’s when they don’t have enough evidence to search that they need your consent. Don’t help them build a case against you. Say no.