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Talk To Your Miami Criminal Attorney NEVER Talk
There's a video floating around the Web of a lecture by former defense attorney James Duane that has a clear message for everybody - NEVER talk to the police. In the video he suggests that anything you say can cause you harm, and nothing you say can help you. If you're in trouble, you should only talk to your Miami criminal attorney. This is the only way to protect yourself from risk.
It's Not Their Job
A police officer's job is not to solve the case; that's what your Miami criminal attorney does. Cops do just what their title 'law enforcer' says - they give tickets and make arrests. That's it. If you're suspected of a crime, they will take you into custody or issue you a citation. It's not their job to solve crimes or get to the bottom of things.
When you go to court, that's when you should be making your case. It's there that innocence or guilt will be decided. Your Miami criminal attorney is experienced at arguing cases like yours, so you should let them counsel you. It's up to a sworn jury to consider the evidence and decide, not the arresting officer.
You And Your Police Report
Whenever there's an arrest or citation given, the officer will write a detailed police report. It effectively includes everything that happened and was said between the two of you. But how can cops write down everything that was said with perfect accuracy, especially in the heat of the moment? Your words can get twisted around unintentionally. When your case goes to trial, it's your word against theirs.
This is one of the main reasons your Miami criminal attorney will tell you that you shouldn't say anything to the police. When you're dealing with the police, politely but firmly tell them that you want your lawyer present. They can serve as a third party during any discussions, and if there's a discrepancy in the report, their word will have more weight than yours.
Anything You Say Can And Will Be Used Against You
This is the first sentence of Miranda and we're all familiar with it. It doesn't say, 'Anything you say can be used to help defend you and clear you of charges.' When the police talk to you, they have two purposes - to get information and to get a confession. It's very easy to incriminate yourself without even realizing it. If you do this, there is little that your Miami criminal attorney can do for you in the courtroom to clear you of charges.
If you have to talk to the police, say as little as possible. If there's any chance that you might be suspected of a crime, request that your Miami criminal attorney be present. If a detective comes to your home or workplace to talk to you, you have a right to remain silent. Kindly but firmly inform them that you'd like your lawyer to be present. Never agree to go to the precinct to talk to them without a lawyer present. If in doubt, let your Miami criminal attorney counsel you on what to do.