Four Ways to Avoid Incriminating Yourself After Your Arrest

 Posted on December 05, 2018 in Your Rights

When you are arrested, your primary objective should be to defend your case to reduce your chance of being convicted as much as possible. Simply being innocent of a crime does not guarantee you will not be convicted. We can estimate the number of Americans who are wrongfully convicted each year, but we cannot know for sure just how many innocent people head to jail and in some cases, die by execution. But we do know that it does happen. Your criminal defense lawyer’s job is to protect you from being convicted. But there are ways you can reduce your chance of being convicted, too. Take some time to educate yourself on ways to avoid self-incrimination.

Choose Not to Talk with Law Enforcement

The Fifth Amendment to the United States Constitution guarantees you the right to avoid self-incrimination. During interactions with law enforcement, you are under no obligation to answer officers’ questions or to even make small talk with them. After you are arrested, tell the police that you do not want to talk to them. Follow that statement by saying that you would like to speak with your attorney. Officers are required to stop questioning you when you request your lawyer.

Retain a Lawyer as Soon as Possible

The sooner you start working with a lawyer, the more effectively he or she can help you defend your case. This is because by retaining a lawyer shortly after your arrest – or if possible, retaining a lawyer before your arrest – gives your lawyer time to coach you through interactions with law enforcement and gather the evidence you will use to support your position in court.

Have Incriminating Statements you Made Thrown Out

When you are interacting with law enforcement, you are scared. You are unsure about the outcome you are facing, and in these moments, it is quite possible that you will make statements that can work against you. Your lawyer can file a motion to suppress certain statements if you were coerced into making them or if you were not read your Miranda Rights. Coercion can happen when you are physically harmed by an officer or otherwise made to feel uncomfortable, such as being denied water.

Keep Your Case to Yourself

Whether you have been arrested or not, you should always keep your case’s details to yourself. You can never know who might be asked to provide testimony about your case. The best way to limit the amount of information that can be given in court and potentially used against you, even information that initially seems neutral or like it could work in your benefit, is to keep it between you and your lawyer.

Work with an Experienced Cook County Criminal Defense Lawyer

Start working with an experienced Rolling Meadows criminal defense lawyer as soon as possible after your arrest. To learn more about your rights and how you can avoid incriminating yourself during interactions with law enforcement and the court, schedule your initial legal consultation with our team at the Law Offices of Christopher M. Cosley today. Call us at 847-394-3200.

Sources:

https://www.nationalgeographic.com/science/phenomena/28/how-many-people-are-wrongly-convicted-researchers-do-the-math/