How to Avoid Self-Incrimination in a Washington DC Criminal Case

Being charged with a crime in Washington DC can be an incredibly stressful and frightening experience. Many people mistakenly believe that if they are innocent, they should just explain themselves to the police and everything will be fine. However, this is often not the case – anything you say to the police can potentially be used against you, even if you did nothing wrong. That’s why it’s so important to understand your right against self-incrimination and take steps to avoid making statements that could hurt your case.

How to Invoke Your Right to Remain Silent

Here are some tips for exercising your right against self-incrimination if you are confronted by the police:

• Clearly state that you wish to remain silent. Tell the officer, “I am going to remain silent.” You must invoke this right unambiguously.
• Ask for a lawyer right away. Say, “I will not answer any questions without an attorney present.”
• Repeat your intention to remain silent as needed. If the questioning continues, calmly repeat that you will not answer questions without a lawyer.
• Don’t argue, resist, or run. That could lead to additional charges against you.
• Consider putting it in writing. Some people sign a card stating they intend to invoke the right to remain silent.
• Don’t discuss the case with cellmates. Anything you say in jail can also be used against you, even casual remarks to a cellmate. Cellmates often cooperate with the prosecution.

The police might continue questioning you even after you invoke your rights. But continuing to assert your intention to remain silent will prevent them from using anything you say against you. Don’t let them trick or scare you into talking.

What to Do If You Are Arrested

If you are placed under arrest, continue to exercise your right to remain silent. Here are some key steps to take:

• Don’t resist arrest. Comply with orders from the police.
• Don’t say anything substantive. Give only your name and address if asked. Avoid chit-chat or explanations.
• Request a lawyer immediately. Ask to call a lawyer as soon as you are taken into custody.
• Refuse to sign anything. Don’t sign any statements, admissions, or other documents without your lawyer.
• Don’t consent to a search. Make it clear you do not consent to any search of your home, car, phone, etc. That can help suppress evidence found.
• Write down what happened. Document all the details once you are released. This can help your lawyer.
• See a doctor if needed. Get medical documentation of any injuries sustained during arrest.
• Gather evidence. Work with your lawyer to collect evidence, find witnesses, and build your defense.

The period immediately following an arrest is when your rights are most vulnerable. Continuing to invoke your right to silence and asking for an attorney are the best ways to avoid making mistakes.

Common Police Interrogation Tactics

If you do choose to speak with the police, it’s important to understand the various interrogation tactics they may use to elicit statements and even confessions:

• Good cop/bad cop – One officer acts aggressive and hostile while the other acts sympathetic and supportive. This technique makes people more likely to seek approval from the “good cop.”
• False evidence ploys – Officers lie about having eyewitnesses or physical evidence implicating your guilt. This is perfectly legal and can compel innocent people to confess.
• Minimization – The interrogator trivializes the offense, leading people to think confessing won’t have serious consequences. “We just need to clear this up and you can go home.”
• Blaming the victim – The police suggest the victim is actually at fault to justify the suspect’s actions. Common in assault and sexual assault cases.
• False promises of leniency – Officers imply that confessing will lead to more lenient treatment, when that is rarely the case.
• False friend technique – The interrogator acts buddy-buddy, as if they are looking out for your best interests rather than building a case against you.

Recognizing these manipulative techniques can help you avoid making regrettable statements. The police are allowed to lie and employ tricks to obtain information from you. Don’t fall into these traps.