Should I Speak with the Police?

When the Police investigate an accident, crime or offense, they are trained to gather information and evidence against the person the Police believe are responsible or suspected of committing a crime or offense. During this process, the Police attempt to interview witnesses, victims, and interrogate suspects. Therefore, if you are an involved party, either a potential suspect or the accused, the Police will request that you make a statement and answer questions at the scene or at the Police Station. In all circumstances, you should NOT speak with the Police because you have the constitutional right to remain silent and cannot be forced to speak. You should contact a defense attorney immediately.

However, it is very important to note a common misunderstanding of the law and legal rights in New Jersey. The right to remain silent should not be confused with certain obligations that are non-verbal in nature. For example, the law requires all motorists to show three motor vehicle documents (i.e. driver's license, vehicle registration certificate, and vehicle insurance card) and submit to a breath test when requested by the Police.
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When you believe that you are innocent, it is human nature to want to convince the Police that you are innocent. You may want to tell the Police your version of what happened and show the Police that you are credible and believable. You may want to persuade the Police not to charge you because you don't want your reputation to be harmed.

However, you have very important constitutional rights as a suspect or the accused, namely the right to remain silent at all times, the right to have an attorney present during any questioning, and the right to refuse to testify during Trial. The Court and/or Jury are required to presume that you are innocent of the crime or offense and cannot use or infer that your silence is any evidence or proof of guilt. The government must prove the case against you beyond a reasonable doubt. These constitutional rights give a suspect or an accused person key advantages over the government and prosecution. If you speak with the Police, you will be giving up all of your advantages in the criminal justice system. In almost every case, it is a devastating mistake to waive your rights and speak with the Police.

If you give up your rights and speak with the Police, you are allowing the Police to ask you any and all questions they want, including some improper questions that the government and prosecution would not be allowed to ask to any witness in Court during a Trial. It is important to know that all Police interrogation interviews are recorded because the prosecution will use the statements as evidence against you at Trial. Your words and/or statements may be misinterpreted, taken out of context, turned around, or twisted in ways that you did not intend.

The information above is a brief overview of the police criminal investigation process. You should contact an experienced criminal defense attorney before speaking with the Police.