The Right to Silence: The Most Powerful Constitutional Right
While it may seem stupid, the most common way that people are convicted of crimes is by the words they say out of their own mouth. The police are required to warn a person when they are arrested that they have the right to remain silent but that anything they do say can be used as evidence against them. Notwithstanding that warning, the majority of people who are investigated for crimes and arrested sing like a bird when confronted with even moderate pressure by police to “come clean.”
People think that if they are caught in a suspicious situation they have to offer an explanation to get themselves out of it. This is a grave mistake and will often lead to the person being convicted for a crime that they would never have been convicted of if they just kept quiet.
Here is what you need to know:
-You are under no obligation to speak to the police to help them solve the crime or to figure out what happened.
-The judge or the jury hearing your case will NEVER get to hear to that you refused to ask questions; this is because your right to silence makes it so there is absolutely no evidentiary value in your silence.
-This means that suggestions by the police or prosecutor that “only a guilty person would not explain themselves” are completely inadmissible in court and nothing like that can ever be suggested to the judge or jury.
-The police are entitled to interrogate you against your will.
-You can say over and over again that you are not talking to them and the police do NOT have to quit interrogating you.
-The police are allowed to lie to you about the evidence; for example they can say that your fingerprints were on the drugs or the weapon or that your DNA was found at the scene even though it wasn’t to try to get you to talk.
-You, however, are not allowed to lie to the police and lies in your statement may later be used as evidence of your guilt or to support a charge of obstruction of justice.
-The police can keep you in the interrogation room for many hours against your will.
-You are usually only allowed one phone call to a lawyer; once you hang up the phone the police are are entitled to interrogate you no matter how many times you say that you want to speak to your lawyer again.
-You are not required to participate in polygraph test or a photo lineup; interestingly all the way back in the 1980’s courts determined that polygraphs were too unreliable to use in court but the police still pretend that it is a big deal if you refuse to take a polygraph or fail the test (neither of these things mean anything in court).
-The police will tell you that this is your only chance to tell your side of the story; this is false you will have numerous opportunities to tell your side of the story to the prosecutor or judge if necessary.
-Even if you tell the police YOU DIDN’T COMMIT THE CRIME, this statement will be inadmissible in court whereas if you say anything that hurts you it likely will be admissible.
-And finally, if you are arrested for a serious crime the police will lodge you in a jail cell and put an undercover police officer in there with you who is dressed like a criminal and trained to act like a criminal; this officer will try to make friends with you to get you to talk about your involvement in the crime under investigation (if it is not obvious already you should NOT speak to the undercover officer at all).
Simply put, do not be a fool and speak to the police if they are investigating you. You are not smarter than them and you will not be able to talk your way out of it. Sit and stare at the wall or put your head in your hands and dream of a nice beach somewhere while they ask you to talk. Like I said, your silence and refusal to help them gather evidence against you can NEVER be used against you no matter what.
If you are facing criminal charges and you are in need of legal representation, please contact Julian van der Walle. You can reach him by phone 24 hours a day, 7 days a week. He has the knowledge and experience to answer any questions you might have about your charges, and he has an impressive record of defending B.C. residents.
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