Wednesday, November 30, 2016

Part 2: Why Do You Talk to Cops Who Suspect You of a Crime?

Previously: Part 1: Talking to Police. A Sucker's Bet.

As noted in the introductory post to this series, it is widely known that talking to the cops is a bad idea when you are the suspect of an alleged crime. Yet, day after day people march themselves to their neighborhood precinct at the behest of their local constabulary to spill their guts.

Is this you? If not, then shut your trap.
If you are planning to do the same, ask yourself, "Am I Keyser Söze?If the answer is "no", then you should probably reconsider your plan.*

Which begs the question, if it's so obvious that you shouldn't talk to the cops when they suspect you of a crime, why are so many  people not named Keyser Söze constantly spilling their guts to the police?

5 Reasons You Voluntarily Talk to Cops who Suspect you of a Crime
  
1. You do not want to appear guilty.

Whether you did it or didn't do it, at the very beginning you understandably do not want to do anything to APPEAR guilty. You worry that, if you refuse to talk to the police officer wanting to interrogate you, that officer will assume that you are guilty. Otherwise, why wouldn't you talk? What do you have to hide? And if you weren't already sure whether that officer feels that way, they will surely leave no doubt by asking you those very same questions when you politely decline to comment.

2. You think you are smarter than the cops.

You've got your story straight, right? You rehearsed it the whole way down to the police station. It's easy: W, then X, then Y, then Z. All you have to do now is spit it out just like you rehearsed and you'll be home before dinner....right? Wrong. What happens when the officer asks you about shark? Wait, what? Shark? Uh oh...

3. You want to get out of jail sooner rather than later.

Many times when you are being questioned by authorities who accuse you of a crime, you are on what is called a "24 hour hold".  A 24 hour hold is exactly what it sounds like - the police can hold you for up to 24 hours while they investigate the crime. In short, get comfortable.

But who has 24 hours to just hang out at the station? There are jobs to work, kids to rear, and Netflix originals to binge. And if you don't talk, they might just file the case with what they have and hold you for days/weeks/months. So, you think if you just talk to the police and give them your side of the story, they'll certainly believe in your innocence and you'll be home by dinner. Get that pesky felony thingy allllll cleared up,

4. You believe the false promises made to you by the police interrogator.

Officer's want you to talk. Many times they NEED you to talk. Your confession could be the difference between an unsolved case and a guilty verdict, or a hard fought acquittal at trial and guilty plea down the road. This desire to get a confession leads to empty promises. They sound like this, "I can help you with the prosecutor if you're just honest with me". "It'll look much better for you later in court if you admit you're guilty to me right now". "Your family, friends and community will think you're a monster if you don't take responsibility - I can help you prevent that".  Suddenly, you exist in a world where you believe the future of your reality is a binary choice between being a monster or non-monster. It is easy to start talking to prevent monster-hood.

5. You misunderstand your rights under the law.

Before any interrogation, you will likely sign a "Waiver of Rights" form that will be read to you by the police. Despite signing the form, people misunderstand these rights. They know they have a right to remain silent and a right to have an attorney present, they just don't understand that invoking those rights is not an admission of guilt in and of itself. They think guilt will be inferred by the courts when they ask for an attorney or decide to remain silent or that doing so loses them the presumption of innocence.

*If you don't know who Keyser Söze is, just get off my blog right now, you animal. 

Coming Up:
Next week I will write about how all of these reasons for talking are dumb in Part 3: Your Reasons for Talking are Dumb.

The Glaesman Law Firm, LLC is a full service criminal defense law firm located at 820 S. Main St. Suite 208, St. Charles, Missouri 63301. If you or a loved one has been charged with a crime or is facing a probation violation hearing, call them right away to discuss your options.