[playht_listen_button]For most of us, when we are accused of something, our first instinct is to try to explain it away. If you are suspected of committing a crime or have already been arrested, then the police will probably want to speak with you. The purpose of that conversation will likely surround gathering more evidence to use against you. Still, if you truly feel that you are innocent, then you may believe that simply talking to the police will clear up the misunderstanding. While talking to the police may not always hurt you, the odds of them letting you go are slim. Here’s more on when, if ever, you should talk to the police and what you can do to protect yourself if the police request to speak with you.
Know Your Rights
Before you can decide whether it is a good idea for you to talk to the police, you first must be aware of your rights. The law says that if you are in police custody and being interrogated, then you have the right to remain silent and to have your lawyer present. The police must also make you aware of those rights before they begin questioning you. If they fail to do so, then anything that you say cannot be used against you in court.
It is important to remember that in order for those rights to apply, you must be in police custody (e.g. under arrest) and be subject to an interrogation. What this means is that these rights do not apply to every interaction that you have with the police. The police pulling you over for a traffic violation may not count as being in police custody. Similarly, the police asking for your name or date of birth may not count as an interrogation. In order for these rights to apply, the police must be asking you questions about a crime while you are in their custody (not free to go).
The only time that you may want to speak to the police is if you are the victim of a crime or you are reporting criminal activity. Outside of those limited circumstances, it is not recommended to speak to the police without representation.
Have Your Lawyer Present During Questioning
If the police suspect that you have committed a crime and would like to speak with you, then it is recommended that you first speak to a lawyer. The law says that you have the right to have your lawyer present during an interrogation. This right applies even if you are in jail.
Will Hiring A Lawyer Make Me Appear Guilty?
You may be wondering if hiring a lawyer will make you appear guilty to the police. What you must realize is that the answer to that question is not important. If you have been arrested for a crime, then the police clearly are not on your side. They are not looking out for your best interests. You need someone who will protect you and will ensure that your rights are not violated. Hiring an experienced criminal defense lawyer is the only way to do that.
My Rights Law is devoted to representing California clients in criminal matters of all types. Our criminal defense team knows the shady and sometimes illegal tactics that the police may use against you, and how to get around these problems. We are ready to go to bat for you in your criminal case, and will work hard to protect your rights. If the police are pressing you for information, then before saying anything to them, call My Rights Law at (888) 702-8882 or contact us online for guidance and direction.