If you are on the precipice of an arrest, or you’ve already been placed in handcuffs, you may think that there’s a way you can talk yourself out of the situation. It’s human nature when the cards aren’t in our favor, but many people see this as a no lose situation. Since they are already being arrested, the worst thing that can happen is that their attempts to talk their way out of the arrest fail. If they say nothing, they’ll be arrested anyway, so why not try?
Unfortunately, this is a potentially harmful line of thinking, and it can make it much harder for you to win your case. Below, we share three reasons why you shouldn’t talk to police during the course of your arrest.
Why You Shouldn’t Talk To Police
There are a number of reasons why you shouldn’t talk to police, but we’re going to spotlight the three big ones below:
1. You’re Only Giving Them More Evidence – If you are familiar with your Miranda rights, you know that anything you say during the course of your interaction with police can be used against you in the court of law. In other words, whatever you say can be framed to hurt your case later in court. For example, you may think that telling the officer that you “only had two beers” will suggest that there’s no possible way you are over the legal driving limit, but all the officer will take from that statement is an admission of drinking alcohol before getting behind the wheel. In court, they’ll let it be known that you admitting to drinking before driving, and that’s certainly not going to help your case.
2. Staying Silent Will Not Hurt You – Again, if you’re familiar legal statutes, you may be aware of the fifth amendment to the US Constitution. This amendment makes it illegal for a person to be forced to testify against themselves. This means that you don’t have to answer questions about the incident you are being interrogated about. Moreover, this silence cannot be framed as a sign of guilt. You are legally allowed to keep your mouth shut, and declining to answer questions cannot be portrayed to the judge or jury as something a guilty person would do. Don’t fall for the common police trick of “If you have nothing to hide, then why not answer our questions?” Regardless of whether or not you have something to hide, you can stay silent and that decision cannot be held against you. Take advantage of it.
3. You’re Not Going To Talk Your Way Out Of An Arrest – Simply put, you’re not going to talk your way out of an arrest. A police officer may appear friendly to keep you talking so that they can extract more information, but it’s incredibly unlikely that they are going to be talked out of arresting you unless there is a clear and obvious case of mistaken identity. Even if this is the case, it’s something that you’ll easily be able to clear up later, so don’t fail to comply with directions because you believe there is a mistake. Everything will get sorted out in the end, but that’s oftentimes done with a lawyer by your side. You’re infinitely more likely to cause more problems for yourself by talking than you are to talk your way out of an arrest.
After an arrest, make sure that you reach out to an experienced criminal defense lawyer to help with your case. In the greater Twin Cities area, connect with Avery and the team at Appelman Law Firm today at (952) 224-2277.
