Many times, the police offer telephone interviews to folks, who may feel less comfortable with a face-to-face interviews. As we’ve discussed elsewhere in our Tampa criminal lawyer blog, an individual is awarded the right to remain silent under the Fifth Amendment of the United States Constitution. We obviously recommend individuals use that protection, especially when an attorney is not present to ensure their rights and interests are protected. More often than not, if law enforcement is offering a telephonic interview, you are more than likely not represented by an attorney because an attorney would prefer if an interview is going to take place, for it to occur in a face-to-face setting. Again, it’s always our general advice to folks to use the protections afforded by the Fifth Amendment and remain silent because words can and will be used against you in the future prosecution of your criminal case. Even the most innocent statements can come back and be used by a skilled and trained prosecutor to try to put you in jail or prison. For example, in a domestic violence case, an individual may make statements about not hitting or striking the other party that night. While this statement may initially appear exculpatory because it supports the position that they didn’t hit/strike the other person, it does confirm that the parties were together that night and they know each other. Thus two potential defenses have already been taken off the table because of this statement.
Whether or not we will generally recommend that you give a statement depends on the unique facts and circumstances of your case of course. Further, it also depends on your ability to intelligently and effectively explain the circumstances around the arrest and allegations against you. This obviously isn’t a slight or insult against our clients, but some individuals are better able to explain their situation than others – that is simply human nature. Ultimately, before any statements are made, we will sit down with our clients and determine whether this falls in line with our strategy to defend your case and whether it’s truly in your best interest.
If you have questions concerning your Tampa criminal defense case or any other matters, contact the Tampa criminal lawyers of Hackworth Law for a free case consultation. We’ve handled thousands of criminal cases throughout the Tampa Bay area and look forward to working with you. If you would like to contact one of our Tampa criminal defense attorneys immediately, please use the “contact us now” tab in the upper right hand corner of our website and/or use our free chat box in the lower right hand corner of our website. We appreciate you taking the time to check out our blog and look forward to working with you.