Should I Give A Statement To Law Enforcement If I Am A Suspect In A Crminal Investigation?
What If I Can Provide An Alibi?If you are a suspect in a criminal investigation, being able to provide a solid alibi may be a great way to remove yourself from the list of suspects. However, often times suspects are questioned about incidents that occurred weeks or months before the interview takes place. The trouble is that if your memory has faded and you innocently provide incorrect information, you are now married to that statement. You can rest assure that a good prosecutor will argue to a jury that you were blatantly misleading and it was not an innocent mistake.
By having the help of an able criminal defense attorney at your interview, you can avoid this potential problem. An attorney can reach out to the investigator ahead of time and get specific information regarding what you will be questioned about. In other words, if you have an alibi, your attorney can fully investigate and provide any and all evidence to support that alibi during the interview.
If I Am Not Guilty, I have Nothing To Fear By Giving A statement.You are wrong. I cannot tell you how many times during my tenure as a prosecutor and a criminal defense attorney, I have found that police officers misstate what a witness told them. It does not happen every time but it does happen more often than you would think. When it happens, it becomes your word against the officer's word. If you have a client that should not testify because of a lengthy list of impeachable offenses, now you have a real problem. It is far better to say, "I will be happy to tell you my side of the story once I have my attorney present." Further, by having an attorney present, you will minimize the risk that something you say will be written down in an offense report in a misleading or inaccurate way.
If I Am Honest And Admit To My Wrongdoing It Will Help MeYou are absolutely wrong if you think coming clean will help you once you get charged with a crime. The truth is that the only person who can negotiate on the outcome of your case is the prosecutor, not the officer asking you questions. Any claim that the prosecutor will take it into account when deciding what to do with your case is simply false. Most prosecutors do not give you credit for confessing to a crime. To the contrary, they feel confident they can prove the case now and make a plea bargain recommendation that reflects that confidence. If you confess, you are selling yourself cheap. Let an attorney work out the best possible outcome for you if you really want to take responsibility and face the music.