Should I Give a Statement to the Police?

If you are accused of a crime or are under investigation for alleged criminal activity, you do not need to give a statement to the police. You have the right to remain silent and the right to have a lawyer present.

Almost never, and never without a lawyer first. A statement is the easiest evidence the State will ever get in your case. If a detective has asked you to come in and give your side, call Blass Law at (713) 664-4000 before you call them back.

Why do people give statements to the police?

The government has to prove you’re guilty. Under the 5th Amendment, you have the right to remain silent and not incriminate yourself. Police officers have plenty of tactics that work at getting people to talk about their situation.

The Reid Technique is a widely used interview technique developed in the U.S. as a means of interrogation. We have all heard of ‘good cop, bad cop’ during police interviews. As such, you may hear questions or statements along the lines of:

• If you have nothing to hide, why not answer these simple questions?
• It will be much worse for you if you don’t make a statement
• Things will be much better for you if you tell me the truth
• If you don’t say something, you look guilty

Further, no law or rule prevents police officers from suggesting they have certain evidence against you or that another party has confessed, even if it is not true. Police interrogations are designed to produce confessions, so know what to expect and how to protect your rights.

While admitting to a crime does not make a defense impossible, it does make the legal process more difficult. Telling the police false information can get you in more trouble. What you say can be used against you in court later. Having a Houston criminal defense lawyer in the room, or on the phone before you go in, is the best protection there is against police interview tactics.

What should I do if I am asked to give a statement to the police?

Police officers have hours and hours of training in interrogation techniques and have likely interviewed plenty of people. In contrast, this may be the first time you find yourself in this situation, placing you at an extreme disadvantage. If you are at a police station, it is easy to feel overwhelmed and intimidated in an interrogation room.

Staying quiet isn’t enough, though. You have to say it out loud. In Salinas v. Texas, 570 U.S. 178 (2013), a Houston murder case, the Supreme Court held that when a man simply went silent during a voluntary interview, prosecutors could tell the jury about it. A request for a lawyer also has to be clear (Davis v. United States, 512 U.S. 452 (1994)). “Maybe I should talk to a lawyer” doesn’t count.

So say this: “I’m not answering questions. I want a lawyer.” Then stop talking, even if the officer keeps going. Once you’ve said it, call us at (713) 664-4000 and let us deal with the detective.

Remember, it is not the police’s job to look for evidence of your innocence, nor do they have the power to negotiate deals. Only the prosecutor can do that. When you make a statement (verbal, written, even nodding your head), you’re helping build a case against yourself. Therefore, if you are charged with or questioned about involvement in alleged criminal activity:

• Calmly inform the police officer that you would like an attorney before making the decision as to whether you want to give a statement.
• Invoke your right to remain silent and keep doing this if you are asked further questions.
• Contact a criminal defense attorney

Your Miranda Rights

No matter what you are arrested for, or how minor or serious the resulting criminal charges might be, you have rights that must be adhered to. Chief among them is the Miranda Warning. Before police question you while you’re in custody, they’re required to warn you of the following rights (and in Texas, that you can end the interview at any time):

• You have the right to remain silent
• Anything you do say can be used against you in a court of law
• You have the right to have a lawyer with you during any questioning
• If you cannot afford a lawyer, one will be provided to you at no cost

If you were questioned in custody after you asked for a lawyer, or were never told your rights at all, tell your defense team right away. That kind of violation, or any other violation of your rights, gives your defense something to work with. We use those violations to get illegally obtained evidence thrown out, and sometimes that ends the case.

How does a criminal defense attorney help?

Your attorney can:

• Help you to decide whether it’s in your best interest to speak to the police
• Be your advocate who can protect you from possibly making a big mistake
• Make sure you’re treated fairly
• Represent your best interests
• Develop a strong defense strategy

In addition, a defense lawyer can help you understand the charges you face and work to determine the most suitable course of action for your situation.

We fight to protect your rights and your future

Jay Blass Cohen has defended people in Harris County since 2009 and has never worked as a prosecutor. When police want a statement, our job is to get between you and that interview, then find out what they actually have.

If you face charges or have been asked to give a statement to the police, call Blass Law at (713) 664-4000. Meanwhile, please review our previous case results on our website.