When you’re under criminal investigation, you might feel the urge to talk to the police to explain away the cloud of suspicion hovering over you. You might think there are legitimate and legal justifications for taking certain actions that have subsequently been interpreted as criminal in nature, that certain facts have been misconstrued to the police, or that someone has flat-out lied about what you did or didn’t do.
Although your desire to set the record straight is understandable, you should avoid talking to the police when you’re under investigation or if you’ve been charged with a crime. It bears repeating: don’t talk to the police.
Even if you have compelling reasons to talk to the police about your case, don’t. Here’s why you should refrain from talking to law enforcement until and unless your attorney advises you to do otherwise:
- The police aren’t there to help you: Investigators aren’t out to help you clear your name. They’re on the job to gather evidence and obtain a conviction. So, if they’re investigating you for criminal wrongdoing, or they’ve already charged you with a crime, then they’re looking for ways to convict you. If you talk to them, then, they’re going to view your words through a narrow lens that’s the opposite of what you’re hoping for.
- The police can’t make a deal: You might think that by coming clean to the police you can avoid more serious charges and harsher penalties. But the truth is that investigators have very little power over that. That’s a conversation that you have to have with the prosecutor. So, don’t let the police trick you into thinking otherwise.
- The police can lie to you: Even as you’re trying to explain away suspicions, investigators might lie to you about evidence they have in hand or other witness statements. This is a ploy often utilized to get suspects talking more directly about the crime in question. Don’t set yourself up for this type of trickery.
- The police can twist your words against you: Regardless of what you say, the police have a way of twisting statements out of context to use them against suspects and charged individuals. You don’t want to take the risk of having to explain your own statements to police in open court.
- A white lie or misstatement of fact can increase suspicion: Your whole purpose in wanting to talk to the police is to try to mitigate damage. But if you slip up and say something inaccurate, then you’re just going to put yourself under more suspicion and an increased risk of being charged or convicted.
- Giving a statement sets you up for impeachment: If you make a recorded statement to the police, then prosecutors can use that statement at trial to point out any inconsistencies between that statement and any testimony you give at trial. So, if your accounts don’t match up 100%, then they’re going to try to destroy your credibility and the reliability of your testimony.
Don’t devastate your criminal defense before it gets off the ground
Talking to the police can destroy your criminal defense. Don’t be your own worst enemy. Instead of going to the police to try to explain everything away, talk to your criminal defense attorney to develop a course of action that protects your rights and better positions you to fight back against the allegations made against you.