As a DuPage Criminal Defense Lawyer, please consider these top five reasons before speaking with police.
If the police approach you about a crime they suspect you of committing in Cook, Kane or DuPage County, it’s important you use your right to remain silent if you don’t want to end up in trouble with the law. Many people believe they can explain their situation and protect themselves from arrest, but that is never the case.
These people make their cases much worse than they were and give the police everything they need to earn a conviction. No matter what they tell you, the police are looking for reasons to make an arrest and put you on trial, and you can’t afford to make their job any easier. Here are the top five reasons you should never speak with the police:
1) It Never Helps
If you decide to speak with the police when they suspect you of violating the law, you already know the prosecutor can later use your statements against you in court. You could still believe that you can say something that will help your case and prevent you from going to jail in the first place, but you can’t.
Even if you say something that could later prove your innocence, your exonerating statements won’t help your case. The police will never bring up anything that can get you off the hook if you take your case to trial, so you have nothing to gain and everything to lose. If you believe something can improve your situation or prove you did not break the law, save it for your criminal defense lawyer.
2) An Imperfect Memory Can Be Your Downfall
Many people think that being innocent means it’s safe to speak with the police, but that is far from the truth. The cops already believe you have committed the crime by the time they try asking you questions, and any mistakes you make can lead to your arrest.
To get a clear picture, try to remember everything you said or did over the past few weeks. You can see that nobody has a perfect memory if you take an honest look at the situation. If you are wrong about any of the details you reveal to the police, they can later use that to destroy your credibility in front of a jury.
3) The Police Also Have Imperfect Memories
If you are a rare exception to the rule and have a perfect memory, you should still never talk with the police when they suspect you of breaking the law. Police officers are only human and subject to the same errors as everyone else, and this fact can make your life complicated. An officer could misremember something you said at your trial. It will then be your word against the officer’s statement, and most people tend to side with the police.
4) The Police Lie
The law permits the police to lie when they are interrogating you about a crime for which they believe you are responsible. They could tell you that video cameras recorded your every move or that they have tons of witnesses ready to testify against you, but you can never know what the police have until your lawyer requests discovery.
Another common lie you will hear is an officer saying they will go easy on you if you help with the investigation. The police have no power to drop your charges or recommend a light sentence. Never accept any offer until you have a private conversation with a competent criminal defense attorney who understands the law.
5) The Burden of Proof is on the Authorities
When trying to get you to confess to a crime, the police will often say they want to hear your side of the story, but the truth is that they don’t need it. The prosecutor is the one who must prove beyond all reasonable doubt that you have broken the law. You don’t need to prove anything. In fact, anything you say can make the prosecutor’s job that much easier even if you are 100 percent innocent.
If you were in the area during the crime in question, telling the police you were there skyrockets their odds of earning a conviction. On the other hand, they will need to prove you were there and that you committed the crime if you don’t say a word. In this hypothetical situation, speaking with the police gives them 50 percent of what they need to lock you up.
Final Thoughts
You never have a good reason to speak with the police when you are a suspect in a crime. Trying to talk your way out of trouble might seem like a good idea when you are under pressure and want a fast solution, but that path will only dig an even deeper hole from which you must escape.
A lot of people convict themselves of crimes they did not commit by giving what they believe are harmless statements. If you want to safeguard your future and achieve the best possible outcome, remain silent and ask to speak with a criminal defense lawyer, such as Mark Sutter, right away.
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