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Why You Need To Remain Silent

29th March 2010
By Vivian Mayer in Criminal Law
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Everyone knows they should remain silent whenever it appears they are going to be arrested or questioned seriously by law enforcement. But why? Because too many individuals think they can talk their way out of their bad predicaments with law enforcement.

They understand they should say nothing but many think they can explain away the problem. It's how we take care of most other problems, we explain ourselves. Here's the reason why that is a really bad idea: If a detective has called and asked to speak to you the odds are very high that the detective has already made up her mind and merely wants you to substantiate their established opinion. The fact is, they are hoping you will make their case better by speaking to them but this may end up hurting a felony defense in San Diego.

If they didn't currently believe the alleged victim's story, they wouldn't be getting in touch with you or coming to see you. They would have moved on before now. And, if they have a case against you, they will arrest you in spite of what you say. If they don't, they are hoping you might talk yourself into a confession. In any event, you can't win because if they have already made up their minds, your story will be determined to be false to them.


Think about it. Most police officers want to assist people and if they have heard the other guy's story, they might now feel sorry for him and have bonded with him. It's human nature, we all do this. We hear of a terrible wrong and want to punish that perpetrator. But as a detective, if they fell hook line and sinker, how good a detective could they actually be? It's called cognitive dissonance, we are likely to not believe matters that make us uneasy. Already, they are invested in the first story they learned and accepted.

How a detective writes a police report can make or break a case. So when they think they presently know the real truth, you can just imagine how your version of the situation will appear in that report.

Don't ignore the fact that the detectives are allowed to lie to potential defendants to get them to come clean. So they may be informing you that your co-defendant has already given you up, only to get you to say, "oh yeah, so let me tell you exactly what he did!" You've now demonstrated you know all about the crime, which in their minds, means you took part in it.


Detectives and some police officers are experts in getting people to implicate themselves. That's what they do. Don't help them. Bite your tongue and contact a criminal defense attorney in San Diego first. There will always be time to converse with your lawyer, if your lawyer thinks that is the thing to do.
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