I always give the same basic advice when clients ask me about police encounters. DO NOT talk to the police without first consulting an attorney.
Keep in mind that it is the law enforcement officer’s job to make arrests, not to determine guilt or innocence. If the officer has enough evidence to believe that there is probable cause that you committed a crime, they make an arrest. If they don’t have enough evidence they can’t make an arrest. Often times, officers say they “need to hear your side of the story.” This is a ploy to have to get a confession or to get damaging statements from you. You have a right to remain silent. Use it. There is no obligation to assist the police by making statements that can and will be used against you in the future. It is unfortunate, but many of my clients get themselves convicted with statements that they made when otherwise, the outcome of the case would be in doubt for the prosecution.
Some basic constitutional rights to keep in mind are:
1. You have the right to remain silent. YOU DO NOT HAVE TO TALK TO THE POLICE. If you answer questions, you give the police evidence that will be used against you in Court. ANYTHING YOU SAY IS ADMISSALBE evidence. Remain silent and call your lawyer.
2. You have the right to an attorney during police questioning. DO NOT ANNSWER ANY QUESTIONS and call your lawyer.
3. You have the right to refuse to consent to a search of , your car, your boast, house, luggage, etc. THE PLOICE ASK FIRST BECAUSE THEY HAVE TO GET YOUR PERMISSION. IF you say yes, you give up your right to challenge the search and anything found will be used against you., If not, they must get a search warrant. Say no and call your lawyer.
4. BEWARE: Police are professionals whose duty in a criminal investigation is to gather evidence against you. NOT to be fair or truthful to you.. Their promises don’t count in COURT.
Arthur Brandt
Gufford & Brandt, A Partnership of Professional Associations
516 Camden Avenue
Stuart, Florida 34994
Telephone: 772-283-1313
Fax: 772-223-9290
