STOP TELLING THE POLICE WHY YOU DID IT! EXERCISE YOUR RIGHT TO REMAIN SILENT, evoking Miranda, which offers you the right to remain silent, and advises you that anything you say can and will be used against you. In the United States, your Constitutional Rights, when under investigation by the police are meant to protect you, to prevent the police from using the shock of the moment to get you to admit what you did, to prevent you from becoming a witness against yourself. This is the point where you stop making things worse. It is OK to remain silent. By not talking can increase your chance to improve your situation. The police may suggest talking to them will help you. Don’t fall for it. This is not a time to ‘clear the air’ or ‘confess’ yourself. Anything you say or do can be used against you. The police often will use different types of questions to see if you will say something that will show your involvement in the crime they are investigating. These inquiries can range from ‘Do you want to tell us your side of the story?’, or ‘It’s too bad you don’t want to tell us what happened because then we can’t help you’, or ‘It’s time for you to help yourself to make sure your side is heard’; or ‘If you help us, we’ll tell the Judge that you cooperated and he will likely give you a lower bail…’. Sometimes the scare tactic: ‘We got you and the Judge is going to hammer you because the only thing he is going to hear is the victim’s side of the story’. Each version is designed to get you to say something about what happened. Exercise your right to remain silent!
This is a time to shut your mouth except to say I WANT TO REMAIN SILENT; I WANT A LAWYER. When you are caught by the police, you cannot ‘fix’ what you did, or ‘splain’ it away like you would with Mom. The police are there for one purpose only, and that is not to be your friend, or give you a shoulder to lean on.They are there to arrest the ‘guilty’. What you do, what you say, will be used against you. Assert your constitutional right to remain silent, then wait for your lawyer, stop saying things that will increase the likelihood of your conviction.
SPECIALIZING IN CRIMINAL DEFENSE THROUGHOUT NEW JERSEY
Howard W. Bailey, Esq.
550 Broad Street, Suite 601
Newark, NJ 07102