Part 3: Your Reasons for Talking to Police are Dumb.

In the first two parts of this series, we've established that it is unwise to make a statement to police who suspect you of a crime.  We've also covered why, despite knowing this to be true, people make those statements anyway. You may want to go back and read those articles before continuing on with this one.

1. They already think you're guilty.

If you are being interrogated by police officers who suspect you committed the particular crime they are investigating, you likely already appear guilty to them. Otherwise, why are you there? But, whether you appear guilty or innocent to the investigating officers isn't really the most important factor to consider. The police do not charge you with a crime, prosecutors do. So, in the long run it doesn't matter how you appear to the officer.

Its true. The only thing that matters is what the prosecutor can prove.  If he or she can prove that you more likely than not committed the crime for which you are being interrogated, you will be charged. Thus, the police interrogation has one purpose and one purpose only: To get you to provide evidence that the prosecutor can use to later charge, and convict you of the crime. When you voluntarily make a statement or allow yourself to be interviewed, you are helping the prosecutor do just that.

2. You're not smarter than the cops.

When you're being interrogated by the police, whether you come out of that room in an orange jumper or your street clothes has as to do with much more than your intelligence. You will be in a room for hours and hours with many different officers all highly trained to do one thing: Get you to talk.  They have taken classes and seminars and put in hours and hours of work in the field to be good at this one thing. But, sure, you passed your drivers exam on the first try so I'm sure you'll be good. See you in 10 to 20 years, brother. It's this mindset that causes innocent people to confess to crimes they did not commit every day.

3. You will not get out of jail sooner, and you might be staying long term.

By making a statement, you are not increasing your odds of being home for dinner. All you are doing is increasing your odds of being convicted and staying in jail long-term. A very long, long term. You are sacrificing your end-game odds of avoiding prison in the long-term by taking a very poor bet that you'll be out sooner in the short-term.

Remember, prison is a long-term proposition.  When you are suspected by police of a crime, everything you should do from that point forward must be done for the purposes putting you in the best possible position to win your case and avoiding jail altogether.  This means you might spend an uncomfortable 24 hours in jail without making a statement. Or it might mean that you are charged with the crime anyway and expected to make bail in a couple weeks. Remember, it's better to not make a statement and suffer for a very short period of time on the front end of all of this rather than make a statement causing your conviction on the back end.


4. That Cop is not going to talk to the judge on your behalf. 

The easiest way for the prosecutor to make her case against you is for you to confess.  While innocent people confess every day, the simple fact is that you will have an uphill battle trying to convince your jury that you are one of those people. Officers know it. Prosecutors know it. That is why they will try for hours and hours to get your statement. A confession on the front end of an investigation makes their lives easier and your conviction more probable on the back end.

So, no. This officer is not going to put in a good word for you with the judge because you talked. And no, this officer is not going to ask the prosecutor to go easy on you because you took responsibility.

And if you're worried about people "thinking you're a monster", worry not. That officer already thinks you're a monster because, in his mind, you are guilty. Its not as though he's going to go on his next donut break and think, "You know..that guy murdered someone. But at least he waived his right to remain silent and confessed to it. He's not a monster after all."

And again, it does not matter what that officer thinks of you. (See #1). Hell, nothing anyone thinks of you for remaining silent is worth convicting yourself by talking to police interrogators.

5. Do not talk just because you do not know how to invoke your rights.

When people actually do invoke their rights to remain silent or to have an attorney, they aren't sure what it means. This is no accident as courts have been trying since the Miranda decision to clearly adjudicate just what it means for someone to invoke their rights.  You know that you HAVE the right to remain silent, but how do you invoke that right? You know you HAVE the right to an attorney, but how do you get one?

I've you've stopped reading because you think the simple answer is that you remain silent by REMAINING SILENT and you get an attorney simply by ASKING FOR AN ATTORNEY, you'd be right. However, it's not that simple.

When you say you'd like to remain silent, the officer will ask, "Are you sure? Cause I can't help you if you wont talk to me." And then you'll think, well, I'd like some help. And you ask him a question. And another question. And next thing you know you're talking to him. And next thing you know after that is that you've now waived the right to remain silent that you initially, smartly, invoked at the beginning without even knowing you did it.

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.