If you find yourself being questioned by law enforcement, the most important advice any criminal defense attorney can give you is simple: shut up and lawyer up. It is never in your interest to speak to law enforcement if you believe you may be under investigation, and understanding why can save your future.
At Cannon & Associates, we have seen countless cases where well meaning individuals made their situations significantly worse by talking to police. Our award winning attorneys are committed to helping Oklahomans understand their rights and make decisions that protect their futures.
You Are Operating in the Dark
When you speak to law enforcement on your own, you are at a significant disadvantage. You do not know what they are looking for. You do not know what they are investigating you for. And they control the environment and the narrative.
Police officers are trained in interrogation techniques designed to get you to provide information that can be used against you. They know how to phrase questions, create pressure, and exploit your natural desire to resolve the situation. Meanwhile, you are operating without any understanding of what evidence they already have or what they need to build their case.
Your Instincts Can Work Against You
We all have an innate desire to fix situations or engage in self preservation. Law enforcement knows this and uses it as a tactic to entice you to help the situation. They may suggest that cooperating will lead to your release or that explaining your side will clear things up.
The reality is often the opposite. What you believe may result in being released is likely the linchpin that makes your case exceedingly difficult to fight or obtain a dismissal. When you talk to law enforcement while under investigation, you are only adding fuel to the fire of being arrested or prosecuted with more serious offenses.
Every statement you make can be analyzed, taken out of context, or used to contradict other evidence. Even innocent explanations can be twisted to support the prosecution’s case.
Your Attorney Tells Your Story Better
You will certainly have the opportunity to tell your side of the story, but that is always best done through your defense attorney. Your attorney can work with investigators to build evidence, gather witnesses, collect video footage, and develop proof of what you are trying to say.
More importantly, your attorney presents your story to the audience that really matters: the prosecutor. Law enforcement on the side of the road is not a decision maker beyond determining if there is probable cause to place you under arrest. The prosecutor is the party who decides whether charges are filed, what charges are appropriate, and whether dismissal might be warranted.
Your defense attorney needs to advocate to the prosecutor, not the police. A skilled attorney knows how to present your case in the most favorable light, highlight weaknesses in the evidence, and negotiate on your behalf.
The Burden of Proof Works in Your Favor
Understanding the legal standards at play is crucial. While the burden of proof at trial is beyond a reasonable doubt, the highest standard in the United States legal system, a prosecutor only needs probable cause to file charges. This is the same low burden that allows an officer to arrest you.
By remaining silent and working with an attorney, you avoid providing the additional evidence prosecutors often need to strengthen their case. You maintain your presumption of innocence and force the prosecution to prove their case without your help.
Take Action to Protect Your Future
If you think you have something to say to law enforcement, stop. Wait until you have the opportunity to talk to your attorney. Your defense attorney can convey your side of the story in a significantly more powerful way than you ever can by speaking to cops or detectives in an interrogation or while being questioned on the side of the road.
Save yourself. Save your future. Shut up and lawyer up if you are being questioned by the police.
At Cannon & Associates, our dismissal driven defense has helped hundreds of Oklahomans protect their rights and their futures. With over 900 five star client reviews, we are proud to be a trusted name in Oklahoma criminal defense.