If police officers have respected your legal rights when you are arrested, they will tell you that you have the right to remain silent. The question is whether you should choose to exercise this right. The answer is absolutely, because of the second part of this statement – anything that you say can and will be used against you in court.
When people are arrested, they have a tendency to panic or to think that they can talk their way out of trouble with the police officer. Law enforcement has a completely different motive. They are thinking ahead to the proof that is necessary to convict you of an offense. They already have probable cause to arrest you. Now, they are continuing to gather evidence that can be used to persuade a jury of your possible guilt. The words that people use at the time of their arrest often end up being powerful evidence that can lead to convictions.
You should not speak or say anything after your arrest. Police will tell you that you have a right to an attorney, and that is who you should be talking to first. Your attorney will handle any communications with law enforcement. Police will try to get you talking, but all you have to do is say that you want an attorney. You are under no legal obligation to answer their questions or say anything to them, nor should you do this. The more you say (or anything you say), the worse it will be for you.
Call a Marin County and Sacramento Criminal Defense Lawyer
If you have been arrested, you need a legal heavy hitter on your side to protect your rights. Contact the Mason Law Office online or call us today at 833.774.0602 to schedule your initial consultation.