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Should You Give Statement To The Police Following An Arrest?


Charged: 172 new arrests just added to the syracuse.com police blotter -  syracuse.com

Being arrested can be overwhelming and leave you confused about the next steps. Whether the crime you committed was intentional or accidental, you are likely to experience a rush of different emotions following an arrest. One of the common questions that come to mind is should you give a statement to the police after your arrest?

The straight answer is no! You must exercise your right to remain silent unless you have a Mankato criminal defense attorney by your side. Giving a statement to the police may lead to you incriminating yourself and further facing severe criminal charges.

Can a police officer force you to give a statement?

According to the fifth amendment, you cannot be compelled to incriminate yourself. It is vital to know your rights before proceeding ahead with the statement. If the police officer asks questions about the crime you have committed, you can politely refuse to talk unless you have your lawyer. You hold all the right to remain silent and avoid answering any questions related to your case. Furthermore, police officers cannot use you to give statements against you and accuse you of a crime.

Why must you remain silent? 

Following an arrest, your role is to remain silent at all means. Even if you are accused of committing a crime, it is the responsibility of the police officers to gather evidence against you in front of the prosecution to convict you of a crime. If you say anything or give a statement during this period, your words will be used against you in court.

It is also crucial for any accused to know that they can deny answering the police and demand a criminal lawyer. Their demands must be heard, and police officers compelling you to speak or give a statement can be termed as a violation of your rights. Moreover, you are allowed to have your attorney by your side throughout the police questioning, and you have the right to stop the questioning anytime.

Should you cooperate with the police?

As mentioned previously, you must remain silent and avoid giving any statements to the police. However, sometimes, cooperating with the police can make the case fall in your favor. Note that you must give a statement or agree with answering the questions by police officers only if your lawyer is present. A criminal defense lawyer will ensure that the questioning works in your best interest and advise you on the right path to avoid irreversible mistakes.