Generally, it’s best to avoid talking to the police when under investigation for criminal wrongdoing. Regardless of what the police say, they’re going to do everything they can to use your words against you to support charging you with an offense and to try to obtain a conviction. That said, we realize that under the stress of the situation, or under a belief that coming clean will spare you the harshest of penalties, you may make a statement that’s now proving problematic. What can you do at that point?
How to get a handle on incriminating statements made in your criminal case
Although incriminating statements can prove harmful to your criminal defense, you shouldn’t automatically throw your hands up and admit to having committed the crime in question. Instead, do the following to ensure you’re protecting your interests as fully as possible.
- Avoid making additional statements to the police.
- Consider whether the police were required to advise you of your Miranda rights and failed to do so.
- Relive the questioning to which you were subjected and ask whether you were coerced to make the statement.
- Think of whether there are witnesses who can help establish an alibi.
- Consider the impact your statement will have if your case goes to trial.
- Assess how you can use the facts of your case and the circumstances to seek a favorable plea deal.
- Speak to your attorney about the situation to obtain additional guidance.
Choose the criminal defense path that’s right for you
The specific criminal defense approach to take in your case will really depend on the harmfulness of the statement made and the other evidence in play. So, before deciding on which path is right for you, it’ s a good idea to discuss the case with your attorney, who should be able to give a realistic picture of how each option will play out.