We’ve all heard it in a hundred different cop shows. “You have the right to remain silent”. Law enforcement officers are required to remind suspects of this right. Some use it, some waive it. But why is it important that you remain silent? There are at least four good reasons:
- The statements you make can be introduced against you by the prosecution but the opposite is not true. Your statements cannot be introduced by you (or your attorney) to help you in court (see California Evidence Code section 1220).
- Comments you make, which you think will help you, may actually hurt you.
- The police can lawfully lie to you (and trick you) during questioning (Frazier v. Cupp, 394 U.S. 731 (1969))
- The police have been trained to get you to incriminate yourself using a technique that many feel can result in false confessions.
What can police officers say in an attempt to get you talking? Some of the more popular methods include:
- You are not a suspect. We are simply investigating a crime. We need you to help us understand what happened.
- If you haven’t done anything wrong, you shouldn’t have any problem answering my questions.
- If you don’t answer my questions I won’t have any choice but to take you to jail.
- This is your chance to tell your side of the story.
- We are just talking. I’m not asking you to sign anything.
- We have all the evidence we need to convict you.
- There is only one person who can help you right now and that is you.
- If you could talk to the victim right now, what would you want to say.
- It sounds like you were acting in self defense.
- There are a lot of ways this could be charged. What we are doing right now is trying to understand what happened so we can make a decision which way to charge it.
- Did you take the money so you could take care of your kids?
Depending on the situation, questions like these can get a suspect to the point that he or she just wants to start talking to “straighten things out”.
Always remember to remain silent no matter what, because, as I pointed out, police officers are also allowed to lie to you to get you to talk with them and to confess to wrongdoing. Examples of lawful misstatements include:
- The police found your fingerprints at the crime scene.
- Your vehicle was seen at the crime scene.
- Physical evidence linked to the victim was found in your car.
- The murder weapon was discovered.
- The murder victim is still alive.
- We discovered another witness. (There is no other witness).
- We have a surveillance videotape showing you committed the crime.
- Your friend has snitched on you.
- The victim has positively identified you.
- Evidence on your cell phone incriminates you.
- Your DNA was found at the crime scene.
In many of these cases a denial could be as good as a confession. Simply remain silent; except, of course, to ask for a lawyer.
As a criminal defense attorney, I can give you straight forward, honest advise about your case. Contact me to schedule a free consultation. Don’t forget to “remain silent” when speaking to law enforcement.
Dan Koukol, Placer County Criminal Defense Attorney