Talking to the Police is More Likely to Hurt Your Case than Help It

After being arrested on a criminal offense, police officers may try and ask you certain questions. If they do this, however, you should insist upon the presence of legal counsel. Otherwise, anything that you say could be used against you by the state prosecuting attorney at trial – or at some other point in your case. It is important that you assert your legal right to the presence of counsel immediately after your arrest.

The skilled team of criminal defense attorneys at Cohen Law Offices can safeguard your legal rights – including your right to the presence of counsel – while your criminal case is pending. Our attorneys will work hard to ensure that you obtain the best possible result that’s available to you in your criminal case.

 

Fifth Amendment Right against Self-Incrimination

Individuals who are facing arrest have a Fifth Amendment right against self-incrimination. This means that they do not have to answer questions beyond the general intake questions that a police officer poses to them. A person’s legal rights are outlined in the Supreme Court case of Miranda v. Arizona. Specifically, a police officer must inform the arrestee of the following:

·        That they have a right to remain silent

·        That anything they say could be used against them in court

·        That they have a right to the presence of an attorney during questioning

·        That if they cannot afford an attorney, a court will provide one and make the attorney available to them free of charge

Although an arresting police officer does not have to use this language precisely, a Miranda warning must encapsulate all four of these legal prongs to suffice.

Asserting a Right to the Presence of Counsel

When an arrestee insists upon the presence of counsel during question, a police officer must immediately accommodate that request and stop their questioning. However, if the arrestee does not insist upon a lawyer’s presence at that time, then anything the person says could be used against them later on. For example, if an arrestee confesses to committing the crime, a state prosecuting attorney could use that confession against the arrestee at a later time, including at trial.

Police officers will oftentimes be very aggressive in their questioning, and they are not going to do you any favors in your criminal case. Therefore, anything substantive that you say to them will likely have a negative impact on your case result. Your best bet is to insist upon the presence of (and right to) legal counsel and keep quiet.

Call Cohen Law Offices Today

The skilled attorneys at Cohen Law Offices are ready to help you defend against your pending criminal charge. To schedule a free case evaluation and legal consultation with an experienced defense lawyer, please call Cohen Law Offices today at (715) 514-5051 or contact us online.