Do I have to talk to the police?

As a criminal defense lawyer I am often asked, am I obligated to talk to the police?

NO – You do not have to talk to the police ever under any circumstance.

The Fifth Amendment of the Constitution states, “No person…shall be compelled in any criminal case to be a witness against himself.”

Supreme Court Justice Robert Jackson, a former prosecutor and attorney general, stated, “Any lawyer worth his salt will tell the suspect…to make NO statement to the police under any circumstances.”

Anything you say can and will be used against you in a court of law. This statement probably sounds familiar from television and movies. It is a Miranda warning. It means just that, any statement you make can be used against you by the government when trying to prove your guilt. Notice that is does not say any thing you say can be used for you in a court of law. That is because anything you say that could help your case is hearsay and inadmissible under the rules of evidence. However, anything you say that is an admission or a statement against your own interest is not hearsay and therefore is admissible.

If the police had enough information to arrest you they would. Even if you are innocent, talking with the police is a high pressure and very stressful situation, interrogations often last for hours. You could accidently make a little white lie that the police may keep you on the hook for something else you didn’t do.

Not all but some police officers do lie. If you talk to the police they could lie and state that you made a confession. You would then have to take the stand and convince a judge and jurors that you were not lying and the police officer was. If you do not talk to the police at all you avoid this problem entirely. If you are being investigated for a crime or if you are facing criminal charges contact criminal defense lawyer, Aaron J. Boria today (734) 453-7806

Download the movie