Accusations Don’t Equate to Charges – You Have the Right to Remain Silent

One of the most important rights we in the United States possess is the right to remain silent. If you are charged with or being investigated for:

You Have the Right to Remain Silent

Unfortunately most people charged with or facing potential criminal charges fail to exercise this right. The police often feel that their only job is to secure a conviction. They attempt to persuade you that they are your friend and that everything will be better if you just tell them what happened. When you do so they can and will use that information against you. It isn’t necessary for your statements to be in writing or recorded. Unrecorded statements or offhand comments are often misconstrued and taken out of context and used against you. It becomes your word against the word of the police officer as to what you said or meant.

For this reason it is important to remain silent even if you did nothing wrong. When you are charged with a crime or under investigation the police have often concluded that you are guilty. Whatever you say to them will be viewed as if you are guilty. This is particularly true in criminal sexual conduct investigations involving under aged children. If a child makes allegations of sexual contact against you the police often assume they are telling the truth. Even if you deny that sexual contact occurred they may be attempting to establish other details that tend to collaborate the alleged victim’s story. You may be lulled into establishing these details without being aware of the police officer’s intent.

In criminal investigations it is not uncommon for the police to request that you take a polygraph examination. Under no circumstances should anyone charged with or under investigation for a crime take a polygraph without first obtaining the advice of an experienced northern Michigan criminal lawyer. In all cases except criminal sexual conduct investigations the police will only give you a polygraph examination if YOU ARE NOT REPRESENTED BY A LAWYER. The use of the polygraph is an investigative tool designed to coerce a statement from you. The results of a polygraph are not admissible in court but any statements made during the examination are admissible and can and will be used against you. In criminal sexual conduct cases the police are required to give you a polygraph if you demand one but you should only do so after retaining and consulting with an experienced criminal defense lawyer.

The more you talk to the police the more likely there will be inconsistencies in your story. This is so even when you are telling the truth. Such inconsistencies even if minor can and will be used against you.

The police often pretend to be on your side in order to get you to talk to them. When you are charged with or under investigation for crime your only friend is an experienced criminal defense attorney. Exercise your right to remain silent and retain legal counsel.