The defense attorneys at Eisner Gorin LLP, with their extensive experience and expertise, often contend with incriminating evidence in court, in the form of statements made by the client after the police have given Miranda warnings. Their seasoned skills and in-depth knowledge of the legal system enable them to handle such situations adeptly, instilling confidence in their clients.
Their expertise in handling such situations should reassure you of their ability to defend your case effectively. Often, this is some of the most difficult testimony to defend against, as the words are directly from the client's mouth.
Our lawyers frequently contest the introduction of this evidence, arguing that it violates our client's Miranda rights under the U.S. Constitution. Most people are familiar with the Miranda warnings, which law enforcement is required to provide to suspects prior to questioning a suspect in custody.
Seeking legal advice immediately is a proactive step that can significantly impact the outcome of your case, empowering you in this challenging situation and giving you a sense of control. By taking this proactive step, you are asserting your rights and taking control of your situation.
First, and arguably most important among these warnings, is that anything you say can be used against you in court. The negative consequences of ignoring this warning and making a statement are discussed in the excellent video “Don't Talk to the Cops,” featuring Professor James Duane.
This video, widely recognized in legal circles, offers a comprehensive explanation of the risks and consequences associated with speaking to the police without legal representation. I highly recommend watching it to understand the gravity of the situation and to ensure you are fully informed about your Miranda rights. [Watch Video].
In our law firm's experience, even after being given the Miranda warnings, many individuals choose to waive their right to remain silent and make statements to police. The reasons for this decision vary, but tend to fall into several general categories.
First, many suspects think they can talk their way out of a bad situation by providing an innocent explanation for their conduct. They falsely assume that they can provide a plausible enough version of events to clear their name. Law enforcement may have evidence against the suspect prior to the questioning that they are not required to disclose. In that scenario, every falsely exculpatory detail provided by the suspect simply becomes more evidence of guilt.
Purpose of a Police Interrogation
Second, in the case of truly innocent individuals, there may be a desire to be helpful or cooperative. Arrestees may incorrectly assume that the police are questioning them solely to determine the facts or that the police require their assistance to resolve the situation.
Out of a genuine desire to do the right thing or assist law enforcement, an innocent individual may inadvertently provide inaccurate or inconsistent statements in the heat of the moment.
While the intention was to be truthful by the client, inconsistencies or incomplete statements may be seized upon by the police as evidence that the individual has something to hide and used against them in court.
It is essential to remember that the primary purpose of a police interrogation is to gather incriminating statements that assist in the prosecution of the suspect, not to uncover the truth in itself.
Our California criminal defense lawyers play a crucial role in protecting your rights during a police interview. We will assess the facts of your case during the initial consultation to determine whether you should participate in a police interview.
We have had instances of having cases being dropped after presenting our client's story to law enforcement including charges of homicide, robbery, rape, and child molestation. Our attorneys ensure that your rights are upheld and that you are not coerced into making statements that could be used against you.
Police are Trained Interrogators
A third mistaken belief, which leads individuals to make statements to the police, occurs in the case of a suspect who is guilty of something, but innocent of the much more serious misconduct the police may suspect them of.
In this scenario, the suspect might think that making a minor admission will earn them credibility or respect from the interrogator and that they will therefore be cut a break. This is simply not the case.
Once an admission of minor criminal conduct has been obtained, law enforcement will frequently characterize this as “minimization,” concluding that the individual is, in fact, guilty of more serious conduct which he or she does not wish to disclose. Again, this evidence will be used against the client in court.
Law enforcement officers are extensively trained in interrogation techniques designed to elicit reliable admissions of criminal conduct. It's essential to remember that an interrogator is permitted to employ various tactics, including lying, exaggerating, and falsely claiming to possess evidence. Keep in mind that an interrogator is:
- Permitted to lie,
- Exaggerate,
- Falsely claim to have evidence in their possession, and
- Falsely attempt to persuade the suspect that it is in their best interest to “come clean,” or admit wrongdoing.
Consider the reality of the situation you face in a police interrogation. On one side, you have rarely or more likely never been subject to a pointed, well-rehearsed, calculated attempt to elicit statements from you.
On the other side is typically a seasoned detective or office who has undergone specialized training in interrogation. In short, whether you are guilty of something or guilty of nothing, there is absolutely no benefit to providing a statement to law enforcement.
Fortunately, you have a constitutional right not to be subject to questioning by law enforcement, and certainly not without the presence of your attorney.
Real Case Example
A recent case handled by our firm illustrates the downside of making a statement. Our client was accused by his wife of sexual misconduct involving the couple's young child. There was no physical evidence to support the claim, and significant evidence undermined the wife's credibility.
However, the client was arrested and placed in an interrogation room with a detective. Out of a desire to be helpful, the client, who had been drinking, attempted to provide details about the events of the night in question. The inevitable inconsistencies and statements which could be twisted in an incriminating way proved to be the prosecution's most, and arguably only, credible evidence.
While our attorneys were able to settle the case on the eve of trial in a favorable way for the client, his decision to provide a statement potentially exposed him to a life sentence, that charge was dropped, but ultimately the whole case may have been dismissed had it not been for his statements to the police.
Contact our LA Criminal Attorneys
Suppose you or someone you know is under investigation for a crime or has been arrested. In that case, we strongly recommend contacting our experienced criminal defense attorneys at Eisner Gorin for an immediate consultation. Our guidance can make a significant difference in your case.
We will intervene with law enforcement on your behalf before the court to maximize your chances of preventing a formal criminal filing and having all charges dropped, even after an arrest has occurred. Contact us at 877-781-1570.
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