A Real Life Example of What Police Officers Do
Today I spent time on the phone speaking with a police detective from a Denver metro area police department. Part of my conversation dealt with telling the detective why my client would not be talking with him further, now that I am involved. My hope in calling was to reduce the likelihood that my client would be arrested for the allegations against him. At one point, I asked the police officer to give my client a summons, should the District Attorney decide to prosecute. He responded by saying that since my client had spoken to him earlier, he would not pursue an arrest warrant.
Two Important Points to Understand Police Motivation
This experience should illustrate two things to our blog readers: 1) police can generally choose to arrest someone or give them a summons to appear in court, and 2) police reward people for talking to them about their case. Why do they give this reward? Because, the conversation is so helpful to a police officer. Read more here on Colorado police officer mindset.
Another Real Life Example From a Sexual Assault Case in Denver
Recently, I spoke to a young man who said he knew he should not speak to an officer, but felt he had nothing to hide. The detective asked him how drunk he was and how drunk the woman accusing him of Sexual Assault was. The young man never imagined such simple questions could harm him. Eventually, I told him police were trying to establish that the woman was really drunk and that she could not have given consent to sex – particularly when he was not as drunk as she was. He greatly helped police prove their case against him and might just be the best witness against himself.
How Police Work During an Interview
Police know that an accused’s statements, admissions and denials during an interview will greatly help in their prosecution. Juries give great weight to things people say prior to an attorney’s involvement. Police know how to act and ask questions to gain helpful information. They act like they are your friend, so your guard will be lowered and you will freely speak. They ask open ended questions to keep you talking. They smile and offer you a snack or drink. Police officers love it when men and women talk extensively to them. Most importantly, they know constitutional Miranda Advisement rights don’t kick in when a person is not under arrest and voluntarily talks with them.
Police interviews are not about finding out what actually occurred – like on TV. They are about getting information which can be used against the accused. Unfortunately, most of us believe that police are after the truth and that we can talk them into seeing things our way. This is a dangerous practice, especially when many police are not honest and will misquote you during an interview. Imagine what will happen at your trial if an officer or sheriff’s deputy says that you admitted to the crime.
We have seen this occur many times before. Police DO reward you for talking with them. They give you a TEMPORARY reward such as a lower bond or a summons. While this is nice, you will pay a high price when later convicted of a crime you did not commit. Be disciplined and never speak to police or answer their questions. You can only safely give them your name, address, and date of birth. After that – be quiet. Next, call us at 303-731-0719. Together, we can protect your future.