I have rarely seen a positive result when a client speaks with police.
Now I understand that when people are in trouble, that survival mechanism kicks in and we convince ourselves that we can talk our way out of trouble.
Truth is, you can’t.
First and foremost, if the police are speaking with you, they know a lot more than you think they do.
They have already spoken with other witnesses, they’ve reviewed documents, videos, and other evidence. They know exactly what they believe you have done.
In fact, they may be ready to arrest you with or without your statement.
But with your statement, you’ve just made their case so much easier to prove.
Our Founders - having just broken away from a tyrannical King - ensured that no citizen could ever be compelled to become a witness against themselves. And more over, there would be no legal penalty for invoking that right!
That no judge or jury in any criminal proceeding could use your silence as evidence of guilt!
The 5th Amendment is a beautiful thing - provided you have the wisdom to use it.
If the police want to speak with you, your first step should be to contact an attorney.
If the evidence against you is weak, your silence could be the difference between being charged with a crime and not being charged at all.
If the evidence isn’t necessarily weak, you could still be charged but that silence could be the difference between probation and jail.
Be smarter than the cops investigating you.
Have the good sense not to say anything that could create a serious legal problem for yourself!
Eric Matheny is a criminal defense attorney serving South Florida. Contact Attorney Matheny so discuss your case.