why should you have an attorney to speak with police if you are innocent

by Prof. Enid Becker III 5 min read

Nothing you say or do will prove your innocence at this stage of the investigation, but speaking with police officers can certainly prove your guilt. For this reason, you should always have a lawyer present when you’re questioned by the police.

Full Answer

Should you speak to the police without an attorney?

Most innocent people don’t have much experience in police interrogation rooms. It’s very stressful, and the police are trying to get evidence against you. They may tell you false things. They may have information that you don’t. They have lots of experience interrogating suspects. Chances are, you are going to be flustered and scared and stressed.

What does a lawyer do for you during a police interegation?

The Free Thought Project lists 10 reasons you should never talk to police, and several of these reasons are aimed at innocent individuals: Talking to police cannot help you. They already suspect you of a crime. If they have enough evidence to arrest you, they will. No one ever talked his way out of an arrest.

Can cops ask you to pretend to be a lawyer?

May 01, 2017 · This article explains the many reasons why you should not talk to the police without an attorney even if you are completely innocent. Why do the police want to talk to me? First, the police want to talk to you because you are a suspect in a crime. Second, the police want you to be off your guard. The police want to speak with you when you are nervous and …

Can a police interview be used to convict an innocent person?

A lawyer in an interrogation pretty much tells you to shut up and not say a word, and asks the police why they’re holding you, what evidence they have, and what offers the prosecutor is interested in making. 90% of the time, just asking for a lawyer will end your interrogation, and you’ll wind up being held until you can see a judge, or released entirely (if the police don’t …

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Why do the police want to talk to me?

First, the police want to talk to you because you are a suspect in a crime. Second, the police want you to be off your guard. The police want to speak with you when you are nervous and vulnerable. The detective wants you to talk. He or she wants you to slip and blurt things out. They want you to make mistakes so they can use them against you.

When can the police legally begin their interrogation of a suspect?

When police officers make an arrest, they commonly want to interrogate (question) the suspect. Usually, they are trying to make the prosecutor’s case stronger by getting a confession. An interrogation can also lead to other evidence or suspect.

What if I am innocent? Should I still avoid talking to the police without a lawyer?

Yes. An individual should not talk to the police even if they are innocent of the alleged crimes. Law Professor Explains why you should remain silent. Good, honest people tend to believe the best about the police and criminal investigations.

An attorney will know if it is wise to talk to the police

Your criminal defense lawyer will help you decide if you will give your statement to the police. They can assist you with that statement as well.

Do you have to speak to the police?

Then, the lawyer will advise whether the person should speak to the police at all. No, the person does not have to speak with the police. Sometimes you might hear about how someone is not cooperating with the police.

Can police lie to suspects?

There are more lines which can't be crossed; but not many. The police can (and do) lie to suspects to obtain confessions on a daily basis.

Can you be charged with a crime if you refuse to talk to the police?

The fact that you refused to talk to the police cannot be used against you. In talking to the police, you could unwittingly say something that gives them reason to think you are guilty, or gives them additional evidence that they can use to officially charge you with a crime.

What is the trouble with trying to help the police?

The trouble here is that, in the process of trying to help the police, you may be putting yourself into a situation that gives the police evidence against you. There are too many unknown factors for you.

Is ignorance of the law an excuse for breaking the law?

We’ve often heard it said, and it is true, that “ignorance of the law is no excuse” for breaking the law. If the police are asking to talk to you, there is a good possibility that they believe you have broken a law, and they may have evidence to support their belief.

5 Reasons Having an Attorney Present is Always Best

The police have shown up at your house and said that they need to speak with you. They state you are not a suspect, and you know you did not do anything wrong. Therefore, you will cause yourself no harm by talking with them. This makes sense, right?

Hiring an Attorney Is as Easy as a Phone Call

If police officers are questioning you, innocent or not, you need a lawyer by your side. Contact the attorneys at New Mexico Criminal Law Offices today to see what options you have before answering questions.

Reasons Not to Speak to Police Without an Attorney

Here are the top five reasons you should not go in and talk to police without a criminal defense attorney:

Takeaway

If you are in police custody, resist the urge to talk to the police when they question you. The worst thing you can do is assume police are on your side. Contact a criminal defense lawyer immediately. Call my office today.

Can you make a statement to the police?

Make No Statement to the Police under Any Circumstances. You may receive a call from a police officer or a detective one day asking you to come to the precinct because he wants to talk to you about a complaint that was made against you or a crime that was committed in the area, or something to that effect.

What happens if you are guilty of a crime?

Scenarios If You Are Guilty. If you are guilty of the crime the detective is investigating, and you admit your guilt, your admission will be used against you . It is always a possibility to eventually plead guilty, and perhaps receive a plea deal, if you actually are guilty.

Why do police call you to the precinct?

You may receive a call from a police officer or a detective one day asking you to come to the precinct because he wants to talk to you about a complaint that was made against you or a crime that was committed in the area, or something to that effect. He isn’t specific and doesn’t say whether or not he intends to arrest you. Alternatively, the detective or police officer may tell you that you are not a suspect, and that he just wants to talk.

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