When the police approach you, your first instinct might be to cooperate with them. After all, when you’ve done nothing wrong, what harm could it do? Unfortunately, talking to the police can be downright dangerous. Even if they seem friendly and you’ve done nothing wrong, speaking to law enforcement can put your freedom at risk. It’s important to exercise your right to remain silent and only talk when your attorney is present.
You Have the Right to Remain Silent
If you’ve watched police procedurals, you’ve undoubtedly heard the law enforcement characters read suspects their Miranda rights: “You have the right to remain silent, and anything you say can and will be used against you in a court of law…”
These warnings stem from the Fifth Amendment of the United States Constitution. The Fifth Amendment protects you from being forced to incriminate yourself. You also have the right to an attorney under the Sixth Amendment once you’re questioned by police in connection with a crime.
Your Fifth and Sixth Amendment rights are some of the most important rights you have. They can protect you from wrongful convictions – but you have to invoke those rights when you encounter the police.
Why Speaking to Police Without a Lawyer Can Be Dangerous
Most people assume that cooperating will make things easier for you. However, police are trained to gather incriminating evidence, not to clear your name. Even if you’re only a witness, the questions you answer today could become part of a case against you tomorrow.
So, what’s the harm if you’ve done nothing wrong? It depends on how your words are interpreted, paraphrased, or recorded. Your statements can be misconstrued or taken and used out of context. Even minor inconsistencies can be deemed suspicious or deceptive. You might invite unwanted attention from investigators.
The good news is that remaining silent doesn’t make you look guilty. It shows that you understand your rights and are using them appropriately.
How Innocent Statements Can Be Misinterpreted
Law enforcement frequently misinterprets innocent comments. Here are some hypothetical examples:
- Cops stop you on the street and ask you questions about a nearby store. You mention being near the location at a certain time while trying to be helpful. However, that single detail could place you at the scene of a crime.
- You deny something repeatedly. Eventually, in frustration, you say, “Fine, believe what you want – I didn’t mean for anyone to get hurt.” That could be interpreted as an admission.
- You try to explain your side, but the officer’s written summary doesn’t reflect your words accurately – and there’s no recording to prove otherwise.
These situations can quickly spiral into legal trouble – all of which could have been avoided by simply staying silent and asking for legal counsel.
Ask for an Attorney
Requesting an attorney isn’t a sign of guilt, even if law enforcement tries to convince you otherwise. Once you say, “I want to speak with a lawyer,” police are legally required to stop questioning you. They might do so anyway, but you shouldn’t answer. Let your attorney handle any potential fallout.
Asking for a lawyer is the best way to protect yourself. An attorney can be present at any questioning and help you avoid making any statements that could be misinterpreted or twisted. They’ll also make sure law enforcement respects your rights at each step of the process.
Waiting to speak with a lawyer can mean the difference between clearing your name or getting caught in a criminal investigation you never expected.
Protect Your Rights – Call Surovell Isaacs & Levy PLC
If you were questioned or arrested by police in Northern Virginia, don’t wait to seek legal guidance. The experienced criminal defense attorneys at Surovell Isaacs & Levy PLC are here to protect your rights.
Over the last 40 years, our firm has built a reputation for standing up for people when it matters most. Whether you’re facing formal charges or were simply contacted by law enforcement, we’re ready to help. Call us today for a consultation.
Posted in: Civil Litigation