Having a big mouth can get you in a lot of trouble. Especially after you have been arrested. Everyone knows about the Miranda Rights from all of those great television shows. Unfortunately, many people choose not to invoke them. In a time of trouble, it may seem like a good idea to cooperate or tell your side of the story. If you get such a feeling, just ignore it. Instead, be firm and say: “I want to speak to my lawyer and have nothing to say to you.” Why do I say this, you might wonder? Well the answer is pretty simple when you think about it. In our legal system, everyone is presumed innocent until proven guilty. What this means is that the prosecutor must prove your guilt to the jury beyond a reasonable doubt.
Go back and read the last sentence again. Better yet, it is worth repeating: The prosecutor must prove your guilt to the jury beyond a reasonable doubt. Notice how the words police or arresting officer is missing from that last sentence. Their job is to get the evidence they need so that the prosecutor moves forward with the criminal case. Why do you think the police want to talk to you? While you may be told that things will go better for you if you cooperate, remember that there is a reason why they need your cooperation, and that is usually to make a stronger case against you. As far as cutting a deal goes, that is within the discretion of the prosecutor’s office and truth be told, you get a better deal when the prosecutor has a weaker case. Remember that when you have the urge to open your mouth.
In most situations, it is one person’s word against the other. The police go through a lot of training to try to find inconsistencies in your version of the events. But if there are no statements made by you, the case must hinge upon the story of the victim and/or witnesses. And your lawyer will be able to use the inconsistencies to try to create a reasonable doubt. As the Miranda warnings indicate you have a right against self-incrimination. And that is what we are trying to avoid, you incriminating yourself. So please, keep quiet and demand to speak to your lawyer.
Feel free to contact the Law Offices of Richard Marcus at 661-257-8877.