Oklahoma Blog: Criminal Law Situations

Have you been arrested? You have the right to remain silent, USE IT!
Everything that you say to police or others CAN AND WILL be used against you, for the most part because that is going to be the very best evidence they have of your involvement in a criminal act. Without confessions, proven lies to authorities, or grants of consent to police presence in a private area, I believe that up to HALF of serious criminal cases would become nearly impossible to prosecute against a properly prepared and executed defense.

You have constitutional rights that protect you from having to answer questions posed to you by detectives and police.

The Fifth Amendment to the Constitution of the United States (Emphasis Added)

No person shall be held to answer for any capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

In a staggering number of criminal cases we defend, the most damaging and critical evidence against our clients comes from a very surprising source…OUR OWN CLIENT’S! Confessions, bogus explanations, and other types of consent or active participation by suspects in the investigations against themselves are both common and disturbing.

I personally believe that this is a function of a couple different realities in the world of criminal law. First, I believe that many people feel that they have nothing to hide or that they can simply talk their way out of trouble if given the chance. Secondly, I think that there are many police that are very good at what they do in terms of giving suspects a chance to “hang themselves” by convincing them that they are not actually a suspect in the crime, or by convincing them that they are in a position to “help themselves out” of a situation if they cooperate. The police are given the incredible tactical advantage in relation to these interrogations of being given the responsibility to record history. The police report and interpretation of what is said (rarely with the benefit of audio or video recording) will become the “facts” in the case in the view of most people absent STRONG evidence to the contrary.

I cannot be any more straightforward than to say that it has been my consistent experience that when police or detectives make the effort to question you in regards to ANY type of criminal activity, they are ALMOST NEVER making an effort to “help” you out or to understand another explanation. Time and again, the ONLY thing that contact from the police in regards to a criminal investigation means is that they believe that you are guilty of a crime and they are dedicated to doing anything they can to see that you are arrested and prosecuted for that crime. Commonly, every single word and action they use is specifically calculated to gain a conviction from the very beginning of their interaction with the citizen accused. Consider the amount of TRUST that you must have in a police officer who is investigating a crime and seeking information from you before it would be either safe or wise to speak to that person without the advice of a lawyer who is dedicated to protecting you.

I concede that there are many situations where a suspect can improve his or her situation by providing information to authorities. However it is also unquestioned that the representatives of the State who have the authority to make those kinds of arrangements ARE NOT the police that are making those promises to elicit incriminating statements. Only through your lawyer and the Prosecutors can these types of arrangements be made, and a qualified lawyer would only do so after being able to fully investigate the situation and providing every alternative to their client about how to proceed. To try and make this kind of a decision on your own without the advice of a lawyer and in the heat of the moment of police interrogation is irresponsible and dangerous.

Everything that you say to police or others CAN AND WILL be used against you, for the most part because that is going to be the very best evidence they have of your involvement in a criminal act. Without confessions, proven lies to authorities, or grants of consent to police presence in a private area, I believe that up to HALF of serious criminal cases would become nearly impossible to prosecute against a properly prepared and executed defense. It is not your job or your lawyers job to assist in the prosecution against you. Together you and your lawyer must organize and fight against the State and it’s team to protect your innocence every step of the way. Our legal system works best when everyone understands their rights and their responsibilities in the system. If the State wants to charge you with a crime and convict you, let them try to do it beyond a reasonable doubt and without any help from you!

Our Founding Fathers and Courts have recognized from the beginning of our existence as a nation that the power and persuasion of the State and it’s police are simply overwhelming to the common man who is suspected of a crime. For this reason, they have given us all the gift of our Fifth Amendment rights. To exercise your rights, you simply must know what they are and have the courage to invoke them in the face of pressure and coercion from police. You must be decisive and firm in explaining that you absolutely refuse to make any kind of statement without the advice of counsel and without your attorney present, PERIOD.

My advice to anyone who thinks it is even remotely possible that they could be viewed as a suspect or accomplice in a criminal act is to NEVER MAKE ANY STATEMENTS OF ANY KIND TO POLICE OR DETECTIVES WITHOUT AN ATTORNEY BEING ACTUALLY PRESENT WITH YOU. If there is a time and a place to make a statement, you deserve to have the benefit of counsel and if the police are truly innocent in their inquiry and they are not trying to draw you into a criminal prosecution, they should have no problem with your request. Either way, you will quickly know where you stand and how the police actually view your involvement in their investigation and you will have protected yourself and given yourself the very best chance at a successful outcome in the case against you.

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