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WHAT TO DO WHEN THE POLICE ASK TO TALK TO YOU.
In many cases, a person is not arrested at the scene. The police do an investigation and sometime later, they focus in on what they think are the provable facts. They may make a telephone call or a visit to a person simply "to get his side of the story." The long and short answer with very few exceptions is to remain SILENT. Since the mid-sixties when the United States Supreme Court decided Miranda v. Arizona, a person in police custody has the right to be told that he does not need to answer any questions and he has a right to have a lawyer with him during questioning.
Many people believe that they must cooperate with the police because if they don't, they may simply be taken to jail. They are right. But it is better to spend a night or a couple of weeks in jail than many years in prison because you gave the police the exact parts of the puzzle they needed for a conviction. In addition, even if you are totally innocent, you may misspeak, you may inadvertently get a date or place wrong, you may use a colloquial expression, or say something that simply doesn't come out right. It is not always the kiss of death, but the fewer things that you have to explain in front of a jury the better.
Recently a client called and told me a story about a blanket, a fire and a burnt building. He was asleep when the fire happened and left the building in flames. I told him NOT to talk with the police. Although it may have been clear he didn't set the fire intentionally, he may have been charged with reckless burning, a felony. He had requested advice and ignored it. Fortunately for him, no charges were filed. He was lucky. In spite of the fact that the police did not file against him, I would still advise him not to tell the police anything. The reason for this is that your right to remain silent cannot be commented on to the jury. They will not know that you have not "cooperated" with the police. The police don't ask questions to which they have the answers. The easy way to prove a case is with a confession.
Contact Us
333 W. Broadway, Suite 200
Long Beach, CA 90802
Telephone: 562-437-6418
Fax: 562-432-2969
The Long Beach criminal defense lawyer at the Law Office of Richard L. Poland defends people accused of committing crimes throughout southern California and the South Bay area, including the cities of Long Beach, Torrance, Manhattan Beach, Redondo Beach, Gardena, Hawthorne, San Pedro, El Segundo, Hermosa Beach, Lomita, Palos Verdes, Rancho Palos Verdes, Rolling Hills, Carson, Lawndale, Seal Beach, Signal Hill, Sunset Beach, Huntington Beach, Westminster, Garden Grove, Santa Ana, Fountain Valley, Anaheim, Gardena, Lakewood, Carson, Compton, Buena Park, Fullerton, Norwalk, South Gate, Downey, Irvine, Inglewood, and Bellflower. Attorney Poland also represents clients throughout the communities in and around Los Angeles County and Orange County, and his law practice takes him from San Diego and San Francisco.
