This is one of the most common questions posed to Tampa criminal attorneys. It seems as though it’s a natural inclination for people to want to tell their side of the story and talk to the police. Out of the thousands and thousands of criminal cases I’ve worked, I have never seen anyone ever talk to the police and convince them not to arrest them once they’ve made the decision to do so. Once the police have decided to begin asking questions about the facts of the case in the circumstances surrounding the alleged crime, it is simply too late to talk yourself out of the arrest. Ultimately at that point, you are simply strengthening the state’s case. The most innocent statements to law enforcement can be used against someone at trial and argued by skillful prosecutor to the jury.
This is why the majority of Tampa criminal attorneys strongly advise their clients to retain counsel before making any statements to law enforcement concerning investigation, if they do make statements. You have a constitutional right to have an attorney present during such questioning, and you should use it. As defense attorneys, we will ensure that once questioning goes beyond anything that could benefit you in any way, questioning will stop due to your constitutional rights under the Fifth Amendment of the United States Constitution. Long story short, if you are going to talk to the police about your case, do it with an attorney beside you.
While we can appreciate people’s instinct and understanding that they tell their side and the police will understand it and hopefully not charge them. This is simply not how things work in the real world. As I have told hundreds of criminal defendants, once you are being questioned, you are likely going to be arrested. By deciding to talk to the police, generally you are simply making their job easier, which is to arrest and assist in prosecuting you.
If you or someone you know is being questioned by police, contact the Tampa criminal attorneys of Hackworth Law for a free case consultation. We will discuss the implications of statements made to law enforcement, how they’ll be used against you in trial and most importantly, your constitutional rights concerning not speaking to law enforcement and incriminating yourself. We look forward to discussing the matter with you in assisting you in defending you in your criminal matter. If you would like to contact one of our Tampa criminal attorneys immediately, please use the “contact us now” tab in the upper right hand corner of our website or our new chat box for instant communication with our attorneys. Thank you for your time for reviewing our blog.