“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to speak to an attorney, and to have an attorney present during any questioning.”
Most people know their Miranda Rights, even if they’ve never been in trouble with the law. Many fictional movie and television show characters have been given their Miranda Warning, also known as being “Mirandized,” on everything from “Law and Order” to “Scooby-Doo.” So should you really listen to the Miranda warning? Yes, most experts say. Here are a few reasons why you should think twice before talking to the police without a lawyer present.
1. What you say can indeed be held against you. Martha Stewart is a perfect example. When she was under investigation, Stewart allegedly lied to investigators and the police, instead of keeping quiet. It wasn’t empirical evidence that led to Stewart’s conviction, but rather the belief that she failed to tell the truth.
2. The police might not remember 100 percent of your testimony. Even if you’re innocent and tell the truth, there’s a chance your answers could be used against you in the court of law if the police don’t recall what you’ve said. You don’t want to become faced with a situation where it’s your word against the police’s. Keep in mind that not every conversation is recorded.
3. Talking to the police will probably not do any good. Again, even if you are innocent and telling the truth, talking to the police likely won’t help your case (or potential case). In the process you could make a mistake that could come back to haunt you regardless of your innocence or guilt. If you haven’t been arrested for anything, there is no need to prove your innocence anyway. So why put yourself in that situation?
4. Those pesky little white lies. If you agree to police questioning, there is a chance you could tell a little white lie. After all, a little white lie never hurt anyone, right? Wrong. It could hurt you and your potential case. Interrogations are stressful situations, and there’s a chance those little white lies could be used against you.
If you are faced with a situation where you’re under arrest, think twice before talking to the police without a lawyer. If the police come knocking at your door as part of an investigation, waiting for an attorney to help you may be in your best interest.
Tags: Court Cases, Legal Rights, Miranda Rights, Miranda Warning