Free Consultation: (619) 399-3366

The One Thing You Must NEVER Do If Arrested
By Attorney Jamahl C. Kersey. Updated on April 19, 2021 
So, what’s the one thing you must NEVER do if you get arrested? Giving a statement to the police…

Do NOT give a statement to police! We have all heard it in the movies and on t.v., “You have the right to remain silent, anything you say can and will be used against you in a court of law.”

These are not just empty words—You DO have the right to remain silent, and you SHOULD. Also, anything you say to the police can and WILL be used against you, and statements can be very damaging.

Generally speaking, you do not have to talk to police officers. You cannot be punished for refusing to talk to officers. Lying to an officer can be considered a crime. However, remaining silent is never a crime.

Good Cop, Bad Cop
I’m sure you’ve heard of “Good Cop, Bad Cop”. The good cop tries to act like he’s your friend. He tells you things will be much better for you if you just tell him the truth. You let your guard down and spill the beans, and BOOM, the good cop won. With you having admitted to the crime, it doesn’t make a defense impossible, but it’s definitely much harder.

With that said, you cannot just make casual remarks or give an informal statement about a case. You should assume that everything you tell a cop will go into an official police report.

Next, we have the bad cop. The bad cop will try and bully a statement out of you. He mocks you saying, “If you’ve got nothing to hide, then just answer these simple questions.” He may threaten you with a subpoena, or try to scare you saying it will be worse if you don’t make a statement.

Whether it’s the nice guy good cop, or the arrogant bad cop, you’ve got to stand your ground and refuse to make any statement until you talk to a lawyer.

The reality is, the cops are given leeway in their investigations to lie and make up things in order to get you to talk. These guys are pros, it’s what they’re trained to do. It’s much better for you to remain silent.

Questions about a pending criminal case? Call (619)399-3366 for a free consultation and answers to your questions.

What If I’m Not Guilty and I Want to Make a Statement?
Unfortunately, sometimes innocent people are placed under investigation. Sometimes innocent people are arrested and taken to jail. It’s natural to want to tell the cops the truth to prove your innocence.

You have the constitutional right to talk to a lawyer before answering any questions. You have that right for a reason—The lawyer’s job is to protect your rights.

What you think may be an innocent statement can land you in serious trouble. It’s much better to be on the safe side and talk to a lawyer first. Then, and only then, if the lawyer thinks it’s in your best interest, should you talk to the police.

Keep in mind that if a police officer asks for your name and ID, you should give your real name, and produce your ID. If you’re driving, you should provide your license, registration, and proof of insurance on request.

Over the years, we’ve seen so many cases in which the defendant’s statements to law enforcement are what ultimately led to their conviction. In these same cases, if they had only kept silent, they would have had a much stronger defense.

Questions about a pending criminal case? Call (619)399-3366 for a free consultation and answers to your questions.

Meet Attorney Jamahl Kersey
Schedule a Free and Confidential Consultation
Your Privacy is Protected
Copyright 2021 - Kersey Law