Your Day in Court is Not on the Sidewalk in Handcuffs

Ask any Matlock couch lawyer what the Miranda “rights” are and they can quote them word for word.  But, even they do not know what they actually mean.  What is worse, are those who cannot quote the Miranda warning word for word.  The warning is very clear and direct.  And the first words are, “you have the right to remain silent.”

“Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.” – 1949 opinion by U.S. Supreme Court Justice Robert Jackson.

Yes the very same supreme court that is the last court in the land has consistently said, citizens should not talk to police. This might be contrary to everything that education has told you. This might be against everything your very political church has told you. This might be against everything your good intending parents have taught you.

You cannot be innocent if you are waiving you right to remain silent.

On the nightly news you see stories like this one:

• a man accused of shooting and killing his wife
• the couple had 3 children
• the wife was 7 months pregnant

The man has been charged with Capital Murder. While in handcuffs the man was asked a question by a reporter and responded with, “She had it coming.”

Don’t Admit to What You Don’t Know You’re Being Accused of

Eighty percent of the population has never had any dealings with law enforcement, nor the courts, ever in their life.  When asked should a killer confess to a crime, nearly all of them would say yes.  But, those who are in the know, knows that you do not confess to crimes.  Why?  Because you might confess to more than what you think you’re being accused of.

There are times when the police will bring you in for what you think is a mere speeding ticket and you willingly confess, and they charge you with manslaughter.  How is that possible?  Because their facts show that a person who committed a killing was driving a car that fit your description and fled the seen at high speeds.  And, this happens far more often than you could possibly believe.

You should always contact your lawyer at your earliest convenience and let your lawyer deal with law enforcement.  Never, ever assume you know the inner workings of law enforcement, or the courts.

How Often Are the Police Wrong in a Criminal Case?

Lately with the widespread sharing of DNA technology it has been found, so far, that 25% of all criminal cases completely exonerated convicted men.  That means that 1 in 4 prisoners, in jail and prison were completely innocent of crimes that they went to trial and were convicted of.  So that is to say 25% of the time the police are completely wrong.

What does that mean to you?  That means confess to your priest, but when it comes to police keep quiet.  You do not want to get yourself involved in something that is so far beyond your scope of thinking that it would dismay you.  “Any lawyer worth his salt will tell the suspect in no uncertain terms to make no statement to police under any circumstances.” – 1949 opinion by U.S. Supreme Court Justice Robert Jackson.  The police never ask innocent questions.  The only thing you should share with police is your driver’s license, registration and insurance.  If the police show up at your door, do not answer it and definitely do not let them in without a warrant.  Make absolutely sure they do not come into your house without a warrant and never invite them in.

“Anything Can Be Held Against You”

You have no idea what is on the mind of police.  Remember 25% of people who were in prison were completely innocent.  That number could include you, very easily.   I see it so often, that people, mostly men, stick out their chest and say the famous last words “I have nothing to hid, go ahead.”  It is such a game of child psychology that it is amazing that grown adults fall for it.  More often than not, a policeman can search your car or home and find something to charge you with.  Yes, even you, mister “I have nothing to hide.”  There are hundreds of laws, codes, restrictions that you probably don’t know about, that an officer could easily charge you with.

Drunk, Driving and Talkative

This has to be the worst combination ever.  Let’s say a police officer stops you and suspects you of drunk driving.  Without even giving you a breathalyzer test or a field sobriety test a policeman could walk up ask you: if you’ve been drinking; how many drinks you’ve had; when was your last drink and charge you with drunk driving by your own confession.  Was there a test given?  No.  But, he didn’t need to, you just confessed to drunk driving.  Seems like reasonable questions right?  Wrong.  The only thing you are ever obligated to give to police is your driver’s license, registration and insurance.  You are under no obligation to actually chit chat with the police.  There is no law on the books that says you have to make pleasant conversation with a policeman.  If there was, it  would be unconstitutional.

What’s So Wrong With Talking to the Police

The general public is completely confused as to what the role of the police are.  They operate under the false assumption is the person that convicts people.  The police do not convict anyone of anything.  The police are only there to bring recommendations to court.  Their sole authority is to charge you with violations of laws.

What does that have to do with anything?  Confessing to police does not have the effect the general public thinks it has.  Since the police cannot convict you, they also cannot exonerate you.  That decision is made by the district attorney’s office and visa vis the courts.  Therefore making your heart felt confession to police is simply barking up the wrong tree.

Your absolute best advice is to completely bite your tongue around police and wait till you get in front of a judge “at trial” or your own lawyer.