Never Talk to the Police

You are never required to speak to the police about anything. And unless you are reporting a crime, there is almost never any benefit to answering their questions. In fact, even if you are completely innocent, talking to the police can only hurt you. Never volunteer any information beyond that required—name, address and date of birth.

If you have committed a crime, then this piece of advice may seem elementary. Yet, the vast majority of guilty people do voluntarily talk to the police—hoping they can talk their way out of an arrest. Almost invariably these people, no matter how intelligent, unwittingly hang themselves with their own words. And in most instances, if they would have shut up they may have to have endured an arrest but would likely NOT have been convicted. When jail appears to be the next stop it’s difficult to differentiate between an arrest now and a conviction later.

But even if you think you’re innocent you should still never answer police questions. First of all, you may have committed a crime and not even know it. For example, if you gave the slightest assistance to someone who did commit a crime, then you may be charged as an accomplice. But even if you are truly innocent, your answers can still be used to convict you of a crime you didn’t commit. This happens more often than you may think. An honest misstatement, even about a minor detail, can be interpreted by a DA and a jury as a calculated lie and an indication of guilt.

Moreover, under 18 U.S.C. 1001, it is a crime to lie to a federal agent. So if you voluntarily talk to a federal agent, you could well be prosecuted and jailed if what you say isn’t true. Just ask Martha Stewart, who was convicted and imprisoned for this exact offense.

Finally, consider that most police interviews are not recorded. The officer will write down your answers, either during the interview or later on. But cops are just fallible humans who get things wrong. Sometimes these officers don’t faithfully record what you actually said but what they thought you said or what they remember you saying. In this case, it will come down to your word versus the officer’s. Who do you think a jury or a DA will believe? In order to avoid this from happening simply refuse to answer any questions without a criminal defense attorney present.

Politely declining to answer any questions is the best way to avoid being convicted of a crime, whether you are guilty or innocent. Opening your mouth can only put you in peril. You cannot talk your way out of an arrest. But you can help your lawyer get the case dismissed by keeping your mouth shut.

If you have questions about your rights call The Law Offices of EJ Stopyro at (949) 559-5500 for a free and confidential telephonic consultation. You can also reach us at www.ejesquire.net.