Do not under any circumstances, talk any further with the police or any representative of a law enforcement agency or member of the prosecutor’s office. The right to remain silent comes from the 5th amendment to the United States Constitution protecting its citizens from incriminating themselves. The right to stay silent and not incriminate yourself is hundreds of years old! Even if you are 100 % innocent you can incriminate yourself with statements made to police. Most people mistakenly believe they can talk themselves out of an arrest or detention by making a statement. They think that by exercising their right to remain silent they will look guilty. I can assure you that by exercising your right to remain silent you are keeping more options and defenses open for you and your attorney in court.
This ESPECIALLY includes if you are innocent. The police and prosecutor have no interest in proving your innocence. Just like everyone knows, anything you say can and will be used against you, in ways you cannot initially imagine. Let your attorney speak for you. As an attorney who has handled thousands of criminal cases it amazes me how many people can recite these words and their rights yet continue to speak with the police. You are helping them prove their case or limiting your options down the road. DO NOT SPEAK WITH POLICE OR PROSECUTORS.
It is the prosecution’s burden to prove your guilt beyond all reasonable doubt. Don’t help them do this, by (1) admitting you were at the scene of the crime but did not do anything (2) admitting you only had one or two alcoholic beverages (3) tell them you are guilty or did it, and expect them to have leniency on you or let you go home (4) telling them this is your backpack or purse (5) telling them who you arrived with or when you arrived somewhere.
If the police want to arrest you, they will arrest you. Statements that are made without a lawyer present are not going make it magically go away and your options when your case inevitably hits a courtroom will be limited. YOU HAVE THE RIGHT TO REMAIN SILENT. YOU HAVE THE RIGHT TO A LAWYER. USE THEM.
