Lasnetski Gihon Law
answers
Should I talk to the police? Won't I look guilty if I don't?
Fifth Amendment to the Constitution of the United States"No person...shall be compelled in any criminal case to be a witness against himself..."
Should I talk to the police?
No and no. You should never talk to the police without first consulting with an attorney. Police officers are trained to obtain confessions, admissions and inconsistencies. If you are innocent, law enforcement can use inconsistencies in your statements as evidence of guilt. There may be things that you did that make you look guilty which law enforcement will exploit. They may take your statements out of context or misunderstand you. When the officer later testifies at a hearing or at trial, they will testify to what they remember that you said, not to what you actually said. It is often much like the telephone game where several children sit in a circle and one child makes up a sentence and whispers it into the next child's ear. That child then tries to remember the sentence and whisper the exact same sentence verbatim to the next child and on and on. By the last child, the sentence and meaning have been completely changed. Oftentimes, the officer may spend an hour or more speaking with you and investigating the case before going back later to write down one or two sentences that he remembers you saying. He may paraphrase your words, but write them down as if they were direct quotes. He then would later testify that you stated what he or she wrote down, which may be dramatically different from what you said.
You can get your side of the story out, but why would you without knowing the rules of the game? When you speak to a police officer without a lawyer present, you probably don't know every criminal statute on the books, each and every element to every statute, the rules of criminal procedure, the rules of evidence, and case law interpretation of those rules and statutes. You may think that you are talking yourself out of an arrest, but instead, you may be admitting to the elements of a crime that you didn't even know you committed.
Won't it make me look guilty if I don't talk to police?
Absolutely not. It will make you look smart. The judges, prosecutors, and police officers all know the rules. If they were ever accused of a crime, the first thing most of them would do is pick up a phone and call a lawyer. This is a constitutional right and a protection you should utilize. Once you obtain a lawyer, that lawyer acts as a buffer between you and the police or prosecution. We can get your story across and any information that is helpful to you, but the State can't use it against you. In other words, no police officer can take the stand and testify that your lawyer said that you admitted or confessed to committing a crime or made any incriminating admissions. Additionally, the prosecutor cannot tell the jury that you didn't talk to police. They can't even mention it.
What should I do if a police officer wants to ask me about a crime?
You should tell the officer respectfully and politely that:
1) I would like to invoke my right to remain silent, and
2) I would like an attorney.
If you say those two things, all of the pressure the police place on you to talk goes away. They can't ask you any more questions. It's like magic. But if you don't say those two things, they keep applying pressure, lying to you, and convincing you that it is in your best interests to talk to them when it is not.
What can you do for me if a police officer wants to talk to me?
We are often retained by people under criminal investigation. After we are formally retained, we immediately contact the law enforcement agent and tell them that we represent our client. We then discuss the investigation with our client and get all of the information we can about what is going on. We then contact the law enforcement agent or officer and discuss the investigation. Sometimes, we will arrange for our client to talk to the agent or officer, while we are present. We often acquire a "proffer agreement" where none of the statements made by our client can later be used against them in the State's case-in-chief. Other times, we relay information from our client, other witnesses and other evidence to the investigating officer or agent in an attempt to convince them that a crime did not occur or that our client did not commit the crime alleged. Every case is different and fact specific, but it is critical that you get an experienced criminal defense attorney involved as soon as possible.
What if my family member is being questioned right now? Can I hire you to represent him or her?
Yes. A new Florida Supreme Court decision, McAdams v. State has held that under the Florida Constitution, if an attorney goes to the police station and demands to see their client, whether the attorney was retained by the client or the client's family and whether the client knows that the attorney was retained or not, while an interview or interrogation is already under way, the law enforcement agency must inform the client that he or she has an attorney who is their to see him or her.
If you or a loved one is under investigation for a crime,
don't speak to the police and,
Call
Lasnetski Gihon Law Now!
904-642-3332(Jacksonville)
or
407-228-2019 (Orlando).
FAQs
No and no. You should never talk to the police without first consulting with an attorney. Police officers are trained to obtain confessions, admissions and inconsistencies. If you are innocent, law enforcement can use inconsistencies in your statements as evidence of guilt.
Does not talking to police make you look guilty? ›
Police know you have the right to remain silent and that doing so does not automatically make you look guilty. Officers must respect your right to decline to answer their questions, so don't feel any pressure or obligation to speak with them.
What to say if you don t want to talk to police? ›
DO tell the police your name and basic identifying information. But nothing else. DO say “I want to remain silent” and “I want to talk to a lawyer.” They should stop questioning you after that.
Do I have to tell the police the truth? ›
You must tell the truth when you talk to the police if you are in one of these four situations: Stating your identity. Filing a police report. Reporting a crime.
Can police tell you who reported you? ›
Unless there is a state law or a agency policy requiring it, no the police do not have to tell you a thing about someone reporting you.
When should you not talk to the police? ›
You have the constitutional right to remain silent. In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question.
What the police don t want you to know? ›
These rights include the right to remain silent, the right to an attorney, and the understanding that anything you say can and will be used against you. If the police fail to provide this crucial notification, it could impact the admissibility of statements made during the interrogation.
Can I ignore police at my door? ›
If the police had probable cause to get a warrant, they probably would have done so before they approached your house. Regardless of whether you are a citizen or non-citizen, you have the right to exclude the police from your residence, unless they have a warrant or exigent circ*mstances exist.
What counts as reasonable suspicion? ›
Reasonable suspicion means that any reasonable person would suspect that a crime was in the process of being committed, had been committed or was going to be committed very soon.
What happens if you don't talk to a cop? ›
DO exercise your right to remain silent. Say “I want to remain silent.” You cannot be arrested or detained for refusing to answer questions.
Never Confess!
The prosecutor may plan on dismissing your charges, but they will quickly change their mind when they see the defendant has confessed to the crime. If you are charged with a crime, it is in your best interest to have your charges dismissed.
Should you ever confess to the police? ›
No and no. You should never talk to the police without first consulting with an attorney. Police officers are trained to obtain confessions, admissions and inconsistencies. If you are innocent, law enforcement can use inconsistencies in your statements as evidence of guilt.
What are signs of an undercover cop? ›
When you're scrutinizing a could-be cop in person, look out for short, neatly-groomed military hairstyles, heavy-duty boots, or baggy clothing with lots of pockets. An undercover cop might also attempt to win your trust or pump you for information in order to make progress on a case.
Can police listen to your conversations? ›
Law enforcement agencies, such as the Federal Bureau of Investigation (FBI), can listen to private phone calls. To do this, they can request to wiretap your phone line. Wiretapping involves a secret connection to a telephone line. The connection allows the agency to monitor phone calls over the tapped line.
Can someone find out if you reported them? ›
Keep in mind that your report is anonymous, except if you're reporting an intellectual property infringement. The account you reported won't see who reported them.
Why do they call police 12? ›
One common explanation for why cops are called 12 is that it comes from police radio codes. In some jurisdictions, police officers use radio codes to communicate. The code "10-12" is often used to signify that a law enforcement officer is present and in need of assistance.
What happens if you don't talk to the police? ›
However, if he says "no," then consider yourself a suspect and it is at this point that you should exercise your Fifth Amendment right to remain silent. The officer cannot and will not arrest you for not answering their questions.
Does remaining silent make you look guilty? ›
One prevalent misunderstanding is the notion silence implies guilt. In reality, this is far from the truth. Silence is not an admission of wrongdoing; instead, it is a prudent choice made to protect oneself from unintended self-incrimination. The right to silence cannot be used against you in court.
What happens if you don't talk in interrogation? ›
If you just keep your mouth shut and say nothing, the police can legally continue to question you, and if they do, you might eventually say something you later regret. (Somewhat ironically, the general rule is that you must speak up to claim your right to remain silent.)
What happens if you stay silent during interrogation? ›
If you plan to “plead the Fifth” by refusing to answer questions, you must inform the police. Otherwise, the police will continue with their questioning and use your silence as evidence that you are either guilty or have something to hide.
