The answer to the question of whether you should speak with the police on the surface seems like a tough choice. We live in a society that encourages all of us to speak with the police, to answer their questions and assist them in their investigations. Its part of our upbringing. In fact, people are discouraged from refusing to speak to the police–what are you hiding? You must have done something if you don’t bother to tell your side of the story.
The reality is far different, however. If the police have asked to interview you and get “your side of the story”, understand that prior to talking with you, the police have already decided whether they are going to arrest you. Its a done deal, one way or the other. And it doesn’t matter if are completely innocent of the charges. The history of criminal law is littered with cases where innocent people have made statements to the police and have still been arrested and charged with crimes. Unless you believe yourself to be the second coming of Johnny Cochran, do you not fool yourself into thinking that somehow you will be the exception to the rule and that you, of all the millions of defendants before you, will someone ”talk your way out of” an arrest.
Take, for example, the case of a 9-11 call for domestic violence. Your spouse has called the police claiming that you assaulted him or her after you got home drunk. You happen to be completely innocent of the charges–you never assaulted your spouse although you have had a beer or two that evening. Enboldened by the belief that the “truth will set you free”, you willingly speak with the police and give them your side of the story. Unfortunately, the police have already decided whether to arrest you based on what the “victim” has already stated and especially if there is some “evidence” corroborating their statement (for example bruise marks, even if those bruise marks have a different origin other than a criminal assault).
Anything you say to the police will be used against you and even the most innocuous and seemingly positive statements in your defense can be twisted and spun in such a way that it can corroborate elements of the “victim’s” story. Returning to the hypothetical, thinking that you might be helping your case by talking, you might also be admitting that you had been drinking; that you got mad at your spouse; this wasn’t the first time you have argued; that your spouse does have visible injuries and that those injuries weren’t there before this evening. Each of these seemingly innocent facts will be heard by the police as corroborating the “victim’s” story.
Also remember that your silence cannot be used against you in a court of law. The jury and judge can’t hold it against you that you remained silent. Sure, if you tell the police officer that you don’t want to answer their questions, they may give you a funny look and say something like: “what have you got to hide?” or “we just want to make sure we have all the facts.” Just remember, the police have already made up their minds about you and there is nothing you can say that will keep you from being arrested.
Before talking to the police, you can call The Law Office of Andres R. Guevara for a free consultation at (720) 379-8262.
Filed under: Due Process
