There are many viewpoints on this issue that vary depending upon the type of criminal charges you might be facing. Were you arrested after a long investigation, or were you arrested for a motor vehicle violation like DUI? No matter the reason for your arrest, one thing remains certain in 99% of the cases: the accused invariably becomes the State’s best witness. No matter how many times I lecture and remind people that you have the right to remain silent so as not to become a witness against yourself, people always have a conversation with the arresting police officer(s).
Most of the time an investigation is over as quickly as it began when the officer receives admissions of liability or guilt. And the rule to keep your mouth shut tightly isn’t exclusively applied to post-arrest, it also applies to pre-arrest chatter with sworn officers. There is no requirement that a police officer notify you of your Constitutional rights before he or she places you under arrest. The responsibility is triggered after the arrest is effectuated. So, this means that any conversations with a police officer about an incident can also be used against you in a court of law.
It makes no sense in a free society why you should feel compelled to speak to an officer when you have done nothing wrong. Unfortunately, the law requires that you obey the commands of a sworn police officer. In any event, the presumption of innocence requires that the State prove beyond a reasonable doubt all of the elements of the offense(s) charged. Of course, many people can be intimidated by the police. Thus, when a person who feels intimidated by the police to begin with becomes engaged in a conversation with a nosy police officer, things could unravel rather quickly. Again, the best choice is not to assist any law enforcement official with any investigation of any kind unless you are certain that you are not the subject of said investigation.
If you experience the shock of being placed under arrest, or you are contacted by a law enforcement official who requests that you submit to an interview, then you should be certain to contact Sullivan Heiser, LLC for assistance with protecting your interests. Please make note of our telephone number and contact us to schedule a no-fee consultation.