Most people would be shocked at the number of people who voluntarily speak to the police when confronted about their possible involvement in a disorderly person’s offense, traffic offense or crime.
Most people are under the false impression that they can talk their way out of being charged or arrested for a crime which they may or may not have committed.
The theory which most people hold, is that their explanation, or side of the story, will convince law enforcement that they are mistaken. Whether or not, this is true, means little to the questioning officer. In other words, the suspect being questioned never knows, or is never told by the police officer, whether the suspect is the person who they believe committed the crime, and convinced of the suspect’s guilt. In that case, no matter what he or she says, he or she will be arrested after he or she speaks. Stated differently, the interrogating officer holds all the playing cards and the officer will not reveal his cards, or what he is thinking. Most suspects erroneously believe that by speaking to the officer that the officer will reveal his thoughts and evidence against him. This is simply false, and the experienced interrogating police officer understands this. Therefore, the suspect being interrogated will gain absolutely nothing by presenting the suspect’s side of the story.
Of course, it goes without saying, but some stupid suspects believe that they can male it up as they go along. Not only is this a crime under federal law, intentionally lying to a federal law enforcement is a federal crime, but stupid because most suspects do not have a photographic memory and will not remember what facts they told 10-minutes prior, if asked the same question differently again.
In summary the best way to handle any questioning by law enforcement is to simply state to any law enforcement office that seeks information from you regarding your possible involvement in a crime, disorderly person’s offense or serious traffic infraction is the following: “At this time I have decided to consult with my criminal defense attorney before I proceed further with any further questions.”
In summary the best practice when faced with an allegation by law enforcement is to assert your constitutional right to remain silent under the Fifth Amendment to the United States Constitution. This constitutional right is yours, do not give it away. For further information on criminal defense in New Jersey go to: criminaldefensenj.com
P.O. Box 261
277 North Broad Street
Elizabeth, N.J. 07207
Office Phone: (908) 354-7006
Cell Phone: (201) 240-5716
Dated: February 20, 2015