A Timely Reminder

A Timely Reminder

                I’m sure that I sound like a broken record, but there are a couple of things we all need to keep in mind when dealing with the police.  As often as I’ve talked about this in the past, I still see several people every week that did not get the message.

                If you are detained by the police, you should always be courteous in your behavior.  Officers of the law are like everyone else, they respond better to people that are respectful and pleasant.  I have seen clients that spend a day or two in jail just because they were rude and obnoxious when confronted by the police.  It costs nothing to be nice, and you will always be better off for having made the effort.

                This may sound like a contradiction, but you need only be as cooperative as the law requires.  You have constitutionally protected rights, and you should use them.  You do nothing wrong when you ask to speak to an attorney before you make any statements to the officer.  (It is appropriate to provide you name, address, identification, vehicle registration, and proof of insurance).  If asked questions about your condition, what you have been doing, how much you have had to drink, etc. you may politely ask to speak to an attorney before you answer.  Do not take any “tests” or volunteer any information before you speak to an attorney.

                It may seem that the officer is just “making conversation” with you, but, believe me, everything you say and do will be used against you if you are charged with a crime.  Much of what you may be asked to do is directly calculated to gather evidence against you.  I have seen my share of police reports, and too often the officer used your statements and performance in these tests to establish his or her probable cause for your arrest.  Further, it is often the case that this information is used at trial to establish your guilt.  You need not incriminate yourself, and you should be careful that you aren’t “tricked” into helping make the case against you.

                I have heard many people charged with a crime tell the same story.  “The officer said that if I cooperated, I would able to go home and that everything would be alright.”  Then, when the subpoena came in the mail, and they see the police report, they find that all the “cooperation” has been used against them.

                Most of us were taught to respect police officers, and to tell the truth.  I’m not suggesting any disrespect, only that you not do yourself harm when you have the legal right to remain silent.  I’m not suggesting that you lie, only that you wait until you have spoken with legal counsel before you discuss the situation with the officer.  Knowing your rights is a great way to keep from being your own worst enemy.