Giving Up Your Right to Remain Silent is a Bad Idea

…you can’t explain ‘what happened’ without giving up your right to remain silent. Everything you say can be ‘interpreted’ by the police and used against you in Court. The cops who may be questioning you are not trying to assist in your defense. In fact, it’s often quite the opposite: They are collecting evidence to hold against you.  ‘When you find yourself in a hole, stop digging’ is a sentiment that aptly applies when a person who is under investigation or arrested  for a criminal act needs to stop talking. You need to understand that you do not know what evidence the police have or what they think that evidence proves. Cops cannot ‘cut a deal’, only a prosecutor can. remain silentOften police will tell a suspect that this is their chance to tell ‘your side’ of what happened so the Judge will know what really happened. Unfortunately, in most cases the client is already being charged with a crime and their statement either corroborates the police theory of the case or is viewed as an untrue attempt to fabricate a defense. Either way, more often than not the client has hurt himself even if what he/she says is true. What you say can be used against you, what your lawyer says cannot be. Stop making yourself a witness and assert your rights, by saying I WANT A LAWYER and I WANT TO REMAIN SILENT…and increase the chances of protecting your freedom.

Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102