I often ask clients, “did you make a statement to the police?” The response is often “no” or “not really.” Sometimes clients explain that they told the police something like “I wasn’t there” or “I have no idea what you are talking about” or “I bought this phone from somebody.” ANYTHING YOU SAY TO THE POLICE IS CONSIDERED A STATEMENT, no matter how many or how few words you use. Even the simplest response to any police questioning is a statement that could damage your case and be used against you in court.
Being stopped by and questioned by the police can be a very uncomfortable and intimidating situation. People often feel pressured to talk to police officers because they are figures of authority who wear uniforms and badges and carry guns. Police officers routinely tell people that it is in their best interest to “tell the truth.” NOT SO. Police officers and other law enforcement personnel are mostly interested in catching suspects and solving crimes.
YOUR RIGHT TO REMAIN SILENT (UNDER THE 5TH AMENDMENT TO THE U.S. CONSTITUTION) APPLIES TO YOU ALL DAY, EVERY DAY; NO MATTER IF YOU ARE IN COURT, OUT OF COURT, IN JAIL, ON THE STREET, IN YOUR HOME, IN YOUR CAR, OR IN SOMEBODY ELSE’S CAR. YOU HAVE AN ABSOLUTE RIGHT TO REFUSE TO ANSWER QUESTIONS ASKED OF YOU BY ANY LAW ENFORCEMENT OFFICER!!
CALL THE LAW OFFICE OF SAMUEL LASSER AT 415.373.4000 IF YOU ARE IN NEED OF LEGAL HELP.