Television programs frequently show police officers talking to people who volunteer plenty of information. The truth is, many may not realize that talking to police can have negative repercussions. In most situations, police do not ask questions unless they believe someone is a suspect. A person that talks too much can say something that gets misinterpreted, which may cause an innocent person to get taken into custody. When a person is questioned, detained, or taken into custody, the officers may be planning to make an arrest. Everyone in this country has the legal right to avoid self-incriminating themselves, and they do not have to talk to the police.
Talking Will Not Stop the Arrest
Once officers gather enough evidence to arrest someone, it is not possible to prevent them from doing so. They do not have the authority to allow leniency for providing information; only attorneys can do this. A person that protests or makes comments cannot change this, instead it can strengthen the case against them. A person can feel a strong desire to prove their innocence during this time, but their words can be used in the wrong way. High emotions and nonverbal actions will be noted and should be avoided. There will be a time to prove innocence afterwards.
Telling the Truth Can Hurt
Telling the truth can haunt people; even the smallest detail can be used against them. For example, a suspect that mentions they disliked a stabbing victim could see this comment brought up later in court, where it could hurt their defense. Even if you are innocent, a person that talks to police may recite the story differently in court, especially after time has passed. Inconsistencies can be recognized by a prosecutor. Certain law enforcement officers that asked questions may not recall the answers correctly afterwards. This is also problematic, since contradicting an officer in court can affect the other person’s credibility.
Miranda Rights
Miranda rights are used for individuals that are taken into custody and interrogated. Individuals have the right to remain silent if they are being questioned otherwise. It is acceptable to provide a name and date of birth, and to request an attorney. If an officer asks to search a person’s residence or vehicle, that person is also entitled to refuse unless there is a warrant. Remaining silent is the best course of action, since anything said can be used later against them. Contacting a qualified criminal defense lawyer may be the best option in these situations.
South Jersey Criminal Defense Lawyers at The Law Offices of Christopher St. John Help Individuals with Criminal Cases
It is important to remain silent at the right times, and we can help protect your rights in a criminal defense case. Contact the experienced South Jersey criminal defense lawyer at the Law Offices of Christopher St. John today by calling 856-296-3481 or complete an online form for an initial consultation. Located in Haddonfield, New Jersey, we represent clients throughout South Jersey, including Burlington County, Camden County, Gloucester County, and Salem County.
Christopher St. John
Tess Berkowitz