Should I Discuss My Case with the Police?

If you’re arrested for a crime in the state of CA, it is critical that you do not do an interview with the police department or investigator. This is a general rule that anyone in the criminal practice follow, but it is critical that clients are aware of this as well.

If you are arrested for a crime, you should not give a statement to the police or the prosecuting attorney.

This does not mean that you should not cooperate with the police. We say this because in the United States of America, one of our sacred rights is the right to not incriminate ourselves. The right to stay silent. Failing to do this often leads to prosecution.

What Can Happen If I Get Interviewed by the Police?

Often, when law enforcement want to interview you, they request you to explain your side of the story. The reason behind doing this is that they do not have the evidence at that point to charge you with a crime. They are looking to get that evidence through their questions.

Exercising Your Rights

As an American citizen, it is your constitutional right that you do not have to answer the police to gather evidence against you. Your lawyers also do not have to help the police to gather evidence against you. It is the police and the prosecutor’s job to prove their case beyond reasonable doubt. Furthermore, the right to remaining silent is precious to us because, far too often, innocent statements made by the accused, can still be used against them. Statements that may be completely innocent, might be used to corroborate a case against them when joined up with other evidence and testimony. It is not your obligation to speak to the police. It is your obligation to be cooperative and polite, but you have the constitutional right to remain silent. Exercise that right and protect your liberty.