Criminal Defense Lawyers

Should I Talk to the Police if I’m Being Investigated for a Crime in NYC?

Should I Talk to the Police if I’m Being Investigated for a Crime in NYC?

Being investigated for a crime can be an incredibly stressful and confusing situation. Your first instinct may be to talk to the police right away to “tell your side of the story” or try to clear things up quickly. However, that approach often backfires. The best advice in most cases is to avoid talking to the police until you have legal counsel present.

Why You Should Not Talk to the Police Without an Attorney

There are several key reasons it is risky to speak to the police if you are being investigated as a suspect in a crime:

• Anything you say can be used against you. The police are building a case, not trying to help you. Even minor discrepancies in your story could be used to undermine your credibility or imply guilt.
• You may accidentally incriminate yourself. Innocent mistakes and memory lapses are normal, but they could sound suspicious. It is easy for police to twist your words.
• The police can lie and use tricks to get information. Police are legally allowed to lie about evidence and witnesses. Their goal is getting a confession. Don’t fall for their tactics.
• Talking helps the police, not you. The only person a statement helps is the police. There is no benefit to trying to “tell your side” without an attorney present.
• You have the right to remain silent. Talking to the police gives up that important legal right. It is better to invoke your right to have counsel present.

As tough as it can be to keep quiet, avoiding statements to the police gives you the best chance of preventing charges or beating them in court. The stakes are high, so don’t risk making the situation worse for yourself.

When Should You Consider Talking to the Police?

The only times it may make sense to provide a voluntary statement to the police are:

• If your attorney arranges an interview or proffer session to present your defense. This allows your lawyer to negotiate ground rules and supervise to protect your rights.
• In very rare cases, if you are 100% certain you have an airtight alibi or proof of innocence that will completely clear your name immediately. However, your attorney is still best positioned to evaluate if talking to the police is wise or could backfire. They may instead recommend providing evidence directly to the District Attorney’s office.

Outside of those narrow exceptions, avoid talking to the police until you have legal counsel advising you.

What to Do if the Police Want to Interview or Question You

If detectives or officers arrive at your home or workplace asking to interview you or take a statement, politely decline and say you will not answer questions without your lawyer present. You can simply say “I cannot answer any questions right now. I would like to speak with my attorney as soon as possible.”You are not required to open your door or let the police inside unless they produce a warrant. You may speak with them through a closed screen door if you wish. Never physically resist officers, but continue politely asserting your right to have counsel present.Similarly, if you are arrested and interrogated at the police station, calmly state “I am choosing to invoke my right to remain silent until my attorney is present.” Then politely decline to answer any further questions.

How an Attorney Can Help if You Are Being Investigated

The most important thing your criminal defense lawyer will do is advise you on whether a voluntary interview or statement to the police is in your best interests or not. If so, they will negotiate the terms and conditions, prepare you thoroughly, and attend alongside you.Your attorney can also:

• Review any evidence against you and identify weaknesses in the prosecution’s case
• Conduct a parallel investigation to uncover additional evidence and witnesses that may exonerate you
• Negotiate with the District Attorney’s office to potentially avoid charges or arrange a favorable plea bargain
• File motions contesting improper police conduct such as illegal searches
• Aggressively cross examine witnesses at hearings and trial
• Craft compelling opening and closing arguments highlighting reasonable doubt on your behalf

Having an experienced criminal lawyer in your corner increases the chances charges will be reduced or dismissed prior to trial. If your case does go to trial, skilled legal counsel is absolutely vital to raise doubt and fight the allegations against you.Don’t gamble with your future by speaking with the police without counsel present. The seasoned NYC criminal attorneys at Smith, Taylor & Associates have successfully defended thousands of clients just like you. We know how to handle these investigations properly to give you the advantage. Contact us 24/7 for a free case evaluation and learn more about your options for beating the charges against you.

Frequently Asked Questions

Should I avoid talking to the police altogether?

In most cases, yes. The only exception would be on the explicit advice of your attorney, such as for a proffer session. Otherwise, politely decline to answer any questions and state you want counsel present. Let your lawyer handle communication with the police.

What if I’m innocent and want to clear this up immediately?

It’s natural to want to explain a mistake or provide an alibi. But anything you say can too easily be used against you, even if completely innocent. It’s best to invoke your right to an attorney. Your lawyer can then raise defenses and evidence on your behalf in the smartest way possible.

Am I required to let the police enter my home or search my belongings?

No. You always have the right to refuse police entry or searches without a signed warrant. If officers claim to have a warrant, ask them to slide it under the door or hold it up to a window so you can verify it is legitimate and signed by a judge before allowing them inside.

Should I admit to minor details if I want to hide more serious offenses?

Absolutely not. Admitting to any criminal activity, no matter how trivial it seems, just gives prosecutors something to use against you. It can be very difficult to undo the damage from statements made before consulting with your lawyer. Assert your right to counsel instead.

What other precautions should I take during the investigation?

Beyond avoiding voluntary statements to the police, follow your attorney’s advice about preserving evidence, avoiding actions that could be misconstrued, and preventing witness tampering. Do not discuss the case with anyone other than your lawyer and close family. Take steps like avoiding social media posts related to your case. We know this is an incredibly stressful time. But avoiding statements to the police gives you the best chance of preventing charges altogether or beating them later in court. Don’t go it alone. Contact our experienced NYC criminal defense lawyers 24/7 for skilled guidance and representation protecting your rights every step of the way.