One of the most common questions that any criminal defense attorney is asked by clients is whether they should talk with police without an attorney present. Although it may seem to some people that it implies guilt if you refuse to speak with police without an attorney present, you have a right under the United States Constitution and Florida Constitution to remain silent if you are being questioned by police in a custodial situation. This is not to say that you are not required to obey all lawful commands you receive from a police officer if, for instance, you have been pulled over while driving on a public road. Nevertheless, once you have been placed into custody and police are seeking to question you, they must first give you what is known as a Miranda warning. At this point, you are free to remain silent and it is in your best interest to do so unless and until you have consulted with an attorney, because you have no idea what the significance of anything you say could possibly be for any future criminal prosecution you might face. Therefore, most experienced Florida criminal defense lawyers will always advise that you not speak to police without an attorney present to assist you in determining what, and more important what not, to say to police. Doing so without an attorney is simply too risky in a situation that can end in a term of imprisonment or other harsh consequences.
Make Sure to Always Comply with Lawful Commands Given to You by Police Officers, Like Exiting Your Vehicle During a Traffic Stop
Under Florida law, you are required to comply with any lawful command that you are given by a police officer, such as exiting your vehicle during a traffic stop. However, you are not required to talk to police and answer any questions they may ask you, particularly in the type of custodial interrogation at the police station you likely have seen on television. Instead, the United States and Florida Constitutions both give you the right to remain silent when questioned by police. As the Miranda warning police are required to read to you if you are being arrested says, anything you say can and will be used against you in a court of law. Having your conversations with the police in the presence of an experienced criminal defense attorney ensures that you do not accidentally say something that could later prove compromising to your case if you are arrested and/or charged with a crime. It is simply a better practice to remain silent and refuse to answer questions until you have had the ability to consult with an experienced Florida criminal defense attorney.
Appearing Uncooperative to a Police Officer Ultimately Will Have Little to No Bearing on Whether You are Eventually Charged with a Crime
When clients hear that it is often their best bet to remain silent if police are seeking to question them in a custodial situation, they often ask whether refusing to speak with police will make the client seem like they have something to hide or will make them more likely to be arrested or to face criminal charges. What many people do not realize is that police officers must have probable cause to believe you have committed a criminal offense to arrest you. By not talking to police, you can lessen the evidence that police officers have to show the necessary probable cause to arrest you. In addition, prosecutors, not police, make the decisions as to what criminal charges a person ultimately will face. In Florida, a police officer is permitted to arrest an individual on suspicion that the individual has committed a crime, but it is ultimately up to the local State Attorney to decide whether or not to file criminal charges against the individual.
Therefore, even if a police officer appears to be upset that you are refusing to speak with him or answer his questions, whatever that police officer thinks of you ultimately has little to no bearing upon whether you will actually be charged with a crime. That is a decision that will be made by a prosecutor after reviewing the evidence which police and investigators have gathered. Therefore, choosing to exercise your constitutional rights and not speak to a police officer actually could lessen the chance you will be charged with a crime because you are less likely to accidentally say something that could be detrimental to your case. Therefore, the best advice is simply not to say anything unless absolutely necessary to the police.
Contact Experienced West Palm Beach Criminal Defense Attorney Bryan Raymond if Police Are Seeking to Question You in Palm Beach County, Florida
Experienced West Palm Beach defense attorney Bryan M. Raymond of the Law Office of Bryan Raymond has represented numerous individuals who have been charged with a wide variety of crimes in Palm Beach County. More importantly, he has also advised those who may have yet to be charged with a crime but have been contacted by police for an interview. Therefore, if you are simply unsure what your legal rights are when it comes to refusing to speak to police or what you should or should not say to the police, Bryan can help you to navigate the often-treacherous terrain of a police interview. If you’ve been arrested for or charged with a crime in Palm Beach County or police are seeking to question you in connection with a potential crime, contact experienced criminal defense attorney Bryan Raymond today at (561) 682-1115 or [email protected].
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