When the police want to talk to you, it can cause a surge of anxiety. This can cause you to immediately start talking, especially if you feel you’ve done nothing wrong. Regardless of the level of your guilt, you should not speak to police without a lawyer.
This has nothing to do with the police. It’s more about not incriminating yourself or harming your case. Let’s take a look at why you don’t want to speak to police without a lawyer.
Silence Is Not a Sign of Guilt, It’s Your Right
Whether you have been arrested or are wanted for questioning, everyone has the right to remain silent. However, for some, this feels like the guilty thing to do. Why not defend yourself straight away? In reality, what you say can be used against you in a court of law. The arguments should always be made in the courtroom, not at a police station.
Silence is a protected right. This means that your silence can’t be used against you. Neither the police nor the prosecution can argue that your silence showed you had something to hide. Even if you’re not the direct suspect, the smartest move is to always wait for your lawyer.
https://www.agpllp.ca/what-to-do-if-you-are-arrested-in-ottawa/
Police Are Trained Interrogators
The police are trained in interrogation techniques. While interrogation may sound like aggressive words, it can be done through rapport and kindness. A member of the police can make it seem like they are on your side, to try and get more information out of you.
When this happens, silence can seem unfriendly. What starts out as a friendly conversation can be engineered to trip you up. Anything you say can become relevant to the case. A lawyer will have experience in these interrogation techniques and how best to handle them.
It’s Easy to Incriminate Yourself
Simple statements such as “I wasn’t there” or “I was just trying to help” may seem innocuous, but could end up being contradictory or show intent. You may also accidentally show insider knowledge, implicate someone else, or try to justify the act
It’s surprisingly easy to say something that sounds suspicious. It’s also possible you may be in shock and misremember something or speculate. And remember, this is all true even if you haven’t done anything wrong.
It’s Hard to Stop Once You’ve Started
It’s only natural that you want to immediately defend yourself. The most common phrase here is “I didn’t do anything.” Once the police start responding to you, it can be hard to bite your tongue and not reply.
You may feel pressured to avoid seeming uncooperative. You should only start speaking to police once you’ve been briefed by a lawyer and have one by your side. The only thing at all you should say before then is that you’re invoking your right to remain silent until you can speak with a lawyer.
You May Be a Suspect
It’s a good idea to be skeptical when being questioned by the police, even if you don’t think you’re a suspect. For example, if there was a crime with no witnesses, the police may wish to speak to multiple people to narrow down a list of suspects.
The police don’t need to formally disclose that you are under questioning. Many people can be innocently and unintentionally connected to crimes. If you are even in doubt, let your lawyer be the one who decides what is safe to share and what isn’t.
Your Lawyer Will Know What to Say
You probably don’t know the law, the police should know the law, but your lawyer will know the law. Having a lawyer present is crucial. Not only will they talk you through what to say, but also why things need to be said or answered in a certain way.
Lawyers don’t like clients making statements without them. However, if you have talked to the police, your lawyer will help to mitigate the situation. They can also protect you from pressure, manipulation, and misrepresentation.
It doesn’t matter if you’re innocent or not. Even if you are, one of the biggest mistakes can be presuming you’ll be found not guilty if the case goes to trial, and not being careful with your words. A lawyer will give you the right strategy for responding to police questions.
Related Article: https://www.agpllp.ca/how-to-choose-a-criminal-defence-lawyer-in-ottawa/
You Only Get One First Statement
You can’t ever get the words you say back. Your first statement to the police will carry enormous weight. If you contradict this statement further down the line, it can look terrible and will need some serious justification.
Due to the stress of the situation, it can be easy to make simple errors or tell white lies. A lawyer will not only give you guidance, but also clarity. They will help you to calm down and be able to speak more clearly and with authority.
Prosecutors will closely look at any statement you make to the police and look to damage your credibility in court. You want your first statement to be one that is reliable and rock solid. Due to that, you should never do it without a lawyer.
Final Thoughts
If the police in Canada ever want to speak with you, that conversation needs to happen with legal representation. It’s understandable to feel you are being difficult or obstructive, but it’s a right that can protect you. Quite simply, never speak to police without a lawyer.
Remaining silent won’t negatively affect your case; talking without a lawyer can. If you need to speak with a lawyer, contact AGP LLP today. We’ll be happy to offer you a free consultation and explain how we can guide you through the legal process.
