Explanation or Confession? Think Twice Before You Talk
Telling Your Side of the Story
When dealing with law enforcement, many people don’t know what to do or how to act. Consequently, saying or doing the wrong thing happens all too frequently. One of the most common examples of this happening is when a person provides law enforcement with an “explanation” of what happened. While done in an attempt to avoid an arrest, it usually results in a trip down to the station. It never ceases to surprise us how often people think they can convince law enforcement they are innocent using nothing but a carefully (or, rather, not so carefully) crafted account of what they did. In reality, that explanation might as well be a confession because it almost always results in an arrest. Furthermore, many people think that if they are forthcoming with the police officer then he or she will go easier on them. Wrong!
When You’ve Said Too Much
Law enforcement is trained to gather facts in order to establish probable cause for an arrest. To do this, they question the suspect to collect information to build the case. Typically, they are not open to negotiations or susceptible to conversational tactics. If they have a reasonable basis to believe you committed a crime, they will arrest you. Then, they hand over all the information they have, including notes on what you said, to the district attorney’s office, which then decides what to do next.
So, while you may think you gave a foolproof explanation, you might have given them a confession and everything they need to convict you. What you voluntarily say can and will be held against you. And even if you think your explanation will clear your name, don’t assume law enforcement will come to that conclusion, too.
A Confession Can Result in a Conviction
If you’ve already tried to explain your way out of an arrest, chances are good you are now facing criminal charges. While in an ideal scenario you would have exercised your right to remain silent, don’t lose hope yet. In this situation, it’s best to call an experienced Dallas-Fort Worth criminal defense attorney to discuss your case. You should review with your attorney:
- The circumstances under which you were detained/arrested
- What the law enforcement officer said to you
- What you said to the law enforcement officer
- When you said it to the officer
- What other information you may have inadvertently provided, and
- The charges you now face
This information can help your attorney jump into action to protect your rights, enforce rights that may have been violated and fight your charges.
If you are facing charges for a crime in the Dallas-Fort Worth area, JBabb – Criminal Defense Attorneys is here to help. JBabb – Criminal Defense Attorneys will advise you on how to defend your rights. With law offices in Dallas and Denton, our attorneys provide compassionate legal services to Dallas, Collin, Denton, Ellis, Rockwall and Tarrant counties. Our experienced attorneys handle a wide variety of criminal cases including DWI/DUI, assault/family violence, and other misdemeanors and felonies. Call (214) 329-9433, email firstname.lastname@example.org, or fill out our confidential online form to schedule a consultation with a Dallas-Fort Worth criminal defense attorney.