Most everyone knows they have the right to remain silent when being questioned by police in a potential crime. Miranda has been the rule for many years now. All of us have probably seen cop shows or the like in which potential defendants are read their Miranda rights when they are arrested. So why do so many people make statements against their interests when confronted by the police? For some reason, more people than not choose to speak with the police even when they know they shouldn’t. Often, people don’t necessarily want to speak with police but find themselves doing so, we believe there are a couple reasons why this might happen.
“We will go easier on you if you cooperate.”
I hear all the time from people who were told by the police they would go easier on them if they cooperated. This is rarely if ever the case. In fact, this is a common tactic used by police to induce a confession or statement against your interest. Do you really believe you telling the police exactly how you managed to break into that home while high on drugs with a gun you stole is going to result in a better outcome for you? News flash: the police are not going to go any easier on you just because you made their job easier. The truth is they are compelled to charge you with whatever crimes you have admitted to.
Falsely Believing You Have to Cooperate
Many people believe they have to cooperate with the police when asked; this is not necessarily the case. For instance, just because a police officer pulls you over on the side of the freeway and then politely asks if he/she can search your car, doesn’t mean you have to say yes. You can refuse to give your consent for any search.
Suppressing A Confession
In some cases, you may be able to prevent your confession from coming back in as evidence against you at trial. For instance, if the police failed to administer Miranda rights when required to do so, a subsequent confession may be suppressed. If you have been charged with a crime and spoke with the police, you need to speak with an Ogden Utah Criminal Defense Lawyer to determine if your statement can be kicked out.