If you ever face the stressful situation of being arrested, choosing your words wisely is crucial. Some statements or behaviors can escalate the situation or complicate your case, so you need to be careful. Here are 17 things you should avoid saying when under arrest.
Ignoring Legal Advice
According to the Stange Law Firm, “If the (lawyer) and client cannot stay on the same page, the results can become disastrous.” Ignoring legal advice is only going to make your situation worse. Remember, these are trained professionals who are seeking the best possible outcome for you.
Disparaging Others Involved
Being negative about others involved in a case will only create a negative bias about yourself. You want to avoid this at all costs and instead remain respectful to all of those involved in legal proceedings. This will help you avoid biases against you in your case.
Admitting Guilt
According to Conyers & Nix, “NEVER admit that you’re guilty (even if you are guilty). You’re innocent until proven guilty. You should not help the prosecution by admitting guilt.” Admitting guilt can compromise your case, so wait to speak to an lawyer who can advise you on the next steps.
Discussing the Case Details
You should always avoid discussing the case details until you have the correct legal representation. By discussing details, officers may misinterpret what you’re saying, and this could be used against you in court. There’s also a chance you may misinterpret what’s being asked and over-divulge information you shouldn’t.
Speculating About What Happened
It’s always in your best interest to stick to the facts. If you begin to speculate in other areas about what happened, it can affect your overall story. Your version of events can then be seen as fabricated or untrue, which challenges the credibility of your statement.
Offering Bribes
You may be panicking and thinking of ways to get yourself out of the tricky situation you find yourself in. Under no circumstances should you offer a bribe, thinking that will work. This will do the complete opposite and could lead to further criminal charges being placed against you.
Making Threats
As mentioned by senior trial lawyer Don Pumphrey via LinkedIn, “Threatening another person can result in extremely serious criminal charges. However, it is even more severe if you have been accused of threatening someone in the legal world.” It can lead you to be charged with harassment or intimidating behavior, impacting the severity of your sentencing or decisions on your bail.
Talking About Other Crimes
Discussing unrelated crimes in front of police officers is only going to make your situation worse. You may find they open a new investigation regarding the matter, and it could see you charged with further crimes. This can cause disruption to the current case that you were arrested for.
Exaggerating or Lying
There are benefits to cooperating from the start and being truthful. However, if you lie or even exaggerate on any matter, you’ll cause yourself more problems. Your dishonesty will likely be held against you in court, and you could be charged further for obstructing justice.
Volunteering Unnecessary Information
You should simply stick to the questions that have been asked of you and always avoid sharing any unnecessary information. This will often be detrimental to you, as too much information can inadvertently harm your case. It’s always best to remain silent when you can.
Discussing Your Personal Life
Keeping your personal life private is always best, so avoid speaking about it while under arrest. You don’t want your personal life to become public in any court proceedings. You also don’t want people to judge you based on your personal life. Instead, you want to be judged on the facts to receive a fair outcome.
Talking to Co-Defendants
You should avoid communicating with any co-defendants, as this can be one of the worst things you could do to harm your case. Speaking with any co-defendants is viewed as a conspiracy, which makes you look immediately guilty. Instead, any conversations needed with co-defendants should be done through your legal representation.
Waiving Your Rights Without Understanding
As reported by LawInfo, your rights include: remaining silent, having a lawyer, knowing the nature of the criminal charges, getting a speedy and just trial, and protection from unreasonable search and seizure. It’s important you fully understand your rights, as giving them up can significantly impact your case.
Speaking to the Media
Speaking to the media regarding your arrest is most definitely a careless act. Immediately, you hand over the rights to the way you would like your story to be portrayed, and the media could decide to put any spin they wish on it, which could influence the public.
Making Promises You Can’t Keep
Making any promises that you can’t keep will have a negative impact on your case. Not honoring any commitments you’ve made can have a severe impact on your credibility. You could be seen as not caring about your situation or the outcome.
Using Technical Legal Terms
Avoid using technical legal terms, as you risk increasing the chances of incorrectly using them. Legal jargon can be difficult to understand, and even if you think you have a full understanding, you’re better off explaining it in simpler terms to avoid anything being misconstrued or misunderstood.
Asking About Penalties and Consequences Prematurely
If you’re seen to be asking about any possible penalties or consequences you may face, this is often interpreted as you being guilty. Always refrain from doing this and wait for your legal counsel to be present to avoid any possible negative implications in your case.