Can police use tricks to get a confession
Remaining silent is a right that should be exercised more often by people suspected of committing crimes, but unfortunately, people’s desire to explain themselves and tactics used by police oftentimes overcome a person’s better judgement. The best time to contact a defense attorney is before you’ve talked to the police. In an ideal situation, you should speak with a criminal defense attorney even before you’re ever arrested.
The U.S. Constitution and the Florida Constitution, both, protect a person’s right against self-incrimination, meaning that a person can’t be forced to testify against himself or herself. In essence, a person cannot be forced to confess wrongdoing. These provisions are the source of the “Miranda” warnings that you often hear recited to suspects in any crime drama. The most prominent and important part of the warning is that the suspect has the right to remain silent; remaining silent is a great idea! For your protection, other than basic information like your name, etc, the only thing you should communicate with police about is your desire to have an attorney present.
Speaking to the police or the press
Clients often think that there is no harm in speaking with an officer or a detective if the client has nothing to hide or hasn’t done anything wrong. The truth is that officers and detectives are searching for any information that can be used to solve the alleged crime, and a confession is a grand prize, even if you don’t realize you’ve confessed.
Police use tactics during questioning that are intended to get suspects to admit to wrongdoing. Responding incorrectly to questions could land you in the hot seat, and your “confession” will be used against you in court.
The best thing to do is to exercise your constitutional right to remain silent. Confessions can be pretty compelling evidence in front of a jury, but under some circumstances, your confession can be suppressed. The battle to keep out an unlawfully gained confession can involve heavy lifting that is best left to a knowledgeable and experienced litigator.
What to do
If you or someone you know is being investigated for a crime, call the law office of Richard Della Fera today for more information.