Do Not Talk to Police During an Arrest: Defense Attorney Explains Why

August 25, 2021
August 25, 2021 Defense Attorneys

When you are arrested, innocent or not, our defense attorney suggests confirming your identity and that’s it. No more talking. The police may ask you questions, try to get you to comment, or “tell your side of the story”. However, defending yourself, answering questions you’re unsure of, or trying to talk your way out of your arrest will likely make your case much more difficult to defend. 

4 reasons why it’s highly inadvisable to talk to the police during an arrest

  1. The police are trained to elicit confessions. They may even lie or offer leniency with the prosecution, which they don’t have the authority to uphold. In the event you offer a confession, it will be very difficult to retract and prove it wasn’t true or was made involuntarily. Confessions are very powerful and can sometimes override compelling evidence of innocence. Over the years there have been thousands of documented cases where people have “confessed” to crimes they did not commit.
  2. Emotions are running high at the time of an arrest and interrogations are stressful. The slightest inaccuracy or embellishment can discredit you as a liar. In Florida, lying to investigators can result in criminal charges, in some circumstances. If you back yourself into a lie, it can lead to jail time on a misdemeanor or felony charge. Without the advice from your defense attorney, it’s best not to say anything at all so your attorneys don’t need to run damage control.
  3. If you make a statement, it can be used to impeach you in court. This means the prosecution will use your statement as a guide to find inconsistencies in your story in trial. People almost never tell the exact same story twice, even when they are being perfectly honest. For this reason, a prior statement can be detrimental to your case.
  4. Let’s say you make an accurate statement that could help you in court. It likely still will not benefit you in the moment. In many instances, police will still arrest, in spite of what you tell them.

Contact our Jacksonville Defense Attorney if You Have Been Arrested

You have a constitutional right to remain silent when you are arrested. While you may feel your silence can be construed as guilt, or tempted to talk because you are innocent, you should refrain from talking to police without your lawyer.  If you have been arrested, what you should do is contact our defense attorneys immediately to help navigate your case and defend your rights.

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