Never Talk to the Police

Know Your Rights When Stopped by the Police

When a police officer or someone from law enforcement wants to talk to you, most of the time they are conducting a criminal investigation and want to make an arrest. It is in your best interest not to cooperate and talk to the police, unless you are the victim of a crime. In fact, you have a Fifth Amendment Constitutional right to remain silent. The Fifth Amendment provides that "no person...shall be compelled in any criminal case to be a witness against himself." Exercise your right to remain silent at all times!

If a police officer approaches you on the street or as you are entering your car, you can ask the officer, "Am I free to go?" If the officer says "yes," then you should leave. 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. Do not try to talk the police officer into not arresting you. He will arrest you if he has probable cause to do so.

If the officer wants to search you it is important that you tell the officer that you do not consent to the search. The officer may decide to search you anyway, but it is important that you make it clear to the officer that you are not agreeing to the search by saying “I do not consent to the search.”

Being aware of your rights and not speaking to law enforcement can protect you and the strength of your defense, should charges be filed against you. By not talking to police, you give your criminal defense attorney a better opportunity to prepare an effective defense on your behalf.

Arrested or under investigation? Contact Stephen G. Rodriguez & Partners to discuss your case!

Reasons Why You Should Not Talk To The Police

You've likely seen cases on the news where suspects make the prosecutor's case themselves by saying too much. When you speak to police, you risk confessing or just providing them with information they can use to charge you with a crime. Even if you don't think what you're saying is important, the best thing to do is remain silent. To put things simply, talking to the police cannot help you.

You are at a disadvantage when talking to the police. They are trained in getting admissions and confessions from people. You should know that:

• What you say to the police during a police stop CAN be used against you.

• Police officers may attempt to mislead you into incriminating yourself.

• Officers may misunderstand what you say, intentionally or accidentally.

• You may admit to knowing some facts which can be used to prove your involvement or knowledge of a crime.

• Some people feel the need to lie to the police during the interview, which may put you under suspicion, and later affect your credibility (whether a judge or jury believes you).

• The police officer may put words into your mouth and claim that you made incriminating statements, when in reality, you did not.

• Police do not have the authority to make deals with you or give you leniency. That is up to the prosecutor.

• Even if you believe you are guilty, there is no need to rush into a confession. Circumstances may change and a criminal defense attorney may be able to spot flaws or errors in your case that can be used at a later time to have your charges reduced or dismissed.

• Even if you believe you are innocent, facts can be misconstrued; you may tell a white lie, and you may say something that may be used against you if you decide to talk.

Common Scenarios Used by Law Enforcement

Police interviews are aimed at producing one thing and one thing only: a CONFESSION. The best response to a law enforcement officer when they want to interview you is to request to speak a lawyer or simply say nothing at all.

Some of the more common scenarios used by police to interview suspects are:

Direct Confrontation

In this scenario the police officer and/or the detective get in the suspect's face and tells the suspect that all the evidence points to the suspect and they know the suspect committed the crime. The officer may lie to the suspect and say the suspect's DNA or fingerprints were found at the crime scene.

The officer continually tells the suspect they know that he/she committed the crime and that he/she should just admit it and move on. The officer is pressing the suspect into a confession. The officer may even get the suspect to offer a face-saving explanation as to why he did it and this allows the suspect to minimize the crime.

Provide Identifying Information ONLY

While anyone being questioned should remain silent, there are some things they should do when asked by police. When stopped, for example, you should provide law enforcement with personal identifying information such as your name, date of birth and your address. You do not have to speak further than that, however. Exercise your rights and simply state you no longer wish to talk, without an attorney there with you.

How to Exercise Your Rights

The Fifth Amendment of the United States Constitution gives you the right to remain silent and not incriminate yourself. You should exercise this right and never, under any circumstances, speak to a police officer.

• Invoke your 5^th Amendment right by stating you do not wish to talk without first consulting a lawyer.

• DO NOT agree to an interview.

• DO NOT attempt to make a deal with an officer.

• DO NOT make any comment or statement.

Experienced Criminal Defense Attorneys

Stephen G. Rodriguez & Partners is available to respond immediately to your call for help. If a police officer, sheriff's deputy, detective, or Federal Agent wants to speak to you, call Stephen G. Rodriguez & Partners immediately. We have successfully assisted many of our clients in these types of matters.