Tips For The Suspect In A Criminal Case
If you're an American citizen and a suspect in a criminal case, then no matter where you are in the process, whether locked up in jail or about to be questioned by police, it's important not only to use government-provided protections such as "pleading the 5th" and asking to see your attorney, [Brandon: Click on attorney and link to but also to be smart for yourself: protect your ability to have a fair trial by being discreet with the information you share. Here are a few tips on how:
- DON'T CONSENT TO SEARCHES: There may come a time when you will be asked by a police officer to consent to the search of your person, home, or car. In these situations, remember: "just say no." The police are asking your permission for a reason: they may need it in order to conduct the search! If they don't have probable cause or a good reason to think someone's in danger, the police are not allowed to search your private property…unless you give them permission. They won't tell you this at the time, of course. On the contrary, the police may make all kinds of dire threats to gain your consent to search, such as: (1) "we will get a search warrant if you don't cooperate;" (2) "you will be placed under arrest;" (3) "we will bring in the narcotics dog;" (4) "it will look better for your case in front of a judge," and so on. Regardless, your best angle here is not to consent, and NOT to sign their Consent to Search form. If they do need your permission, why give it to them?
- BE CAUTIOUS ON JAIL HOUSE PHONES: Did you know that every time you make a call from a jail house phone your conversation if being tape recorded? That's right, the police can hear everything you say over these phones, and anything you say can and will be used against you in court, even if you tell it to a trusted friend or family member. They can play back any careless or casual statement you make about your case as a party admission against you. DO NOT discuss your case over the jail house phone.
- BE CAUTIOUS WITH JAIL INMATES. The cautionary rule also applies to conversations with jail inmates. If you go to jail, people will naturally wonder and ask why you are there. DO NOT tell them. Simply say, "I was advised by my attorney not to discuss the case." Do this to protect yourself from a possible jailhouse informant, a.k.a. - "a snitch." A snitch is an inmate who will listen to everything you say and tell the authorities about it later, even testifying in court if necessary, in exchange for a reduced sentence or release from jail. Thus one of your jailhouse buddies may turn out not to be a buddy at all: he's a witness for the prosecution.
- DON'T TALK TO INVESTIGATORS BY YOURSELF: If you are suspected of committing a crime, the police will be very interested in talking to you. If you are being interviewed by the police and have not been arrested, the police are under no duty to read you the Miranda Warning ("You have the right to remain silent, etc."). This informal "interview" is probably when you're most at risk for giving the police an incriminating statement, because they won't tell you it's your specific right to NOT do just that... until it's too late. Stay silent or have an attorney present during questioning. DO NOT talk to the police. They are only interested securing your conviction and their promotion.
