Contributed by Elton Jenkins, Attorney at Law
You cannot outsmart the police. They have been trained by professionals. You have not. They have thousands of cases of experience. You have not. I am a trial attorney and do not even consider out smarting a police officer.
You have the right to remain silent. Stay silent. I cannot tell you how many cases that we could have beaten but for my client saying something to the police.
#1 RECORDED IN THE BACK OF THE POLICE CAR
If you find yourself in the back of a police car with another person you are there on purpose. You have no expectation of privacy in the police officer’s car. A police officer has the right to record what’s going on in his car. Pretend that anything you say will be played at a trial against you. BE SILENT.
#2 YOU BUILD THE CASE FOR THE OFFICER
If you are not under arrest the police may ask you questions. Admitting to anything that the police can’t prove yet helps them build a case. Statements like “But I only…..” and “All I did was…..” just helps an officer establish things they might not have been able to without you talking.
Imagine that you told the officer you were there at the crime scene last night but that you were not guilty of any crime. Then you realize that they couldn’t even prove you were there until you said it. BE SILENT
#3 YOU CANNOT WIN AN ARGUMENT AGAINST A BADGE AND A GUN
I get calls from clients, sometimes while a client is being stopped by an officer, asking if an officer can do what they’re doing. Typically, I hear “This officer is ______. Can he do that?” The answer is always yes.
You cannot win an argument with someone with a badge and a gun. The real question is whether a jury can hear that evidence against you. Anything in plain sights is admissible. Anything you consent to is admissible. And anything you confess is admissible.
BE POLITE. BE CALM. BE SILENT.
Elton Jenkins has practiced criminal law in Oklahoma since 1999. For 12 years, he worked as a major crimes trial attorney for Oklahoma Indigent Defense System. During this time, he worked on 150 major crime cases a year such as sexual assault, robbery and murder. He has extensive experience defending clients against criminal charges. If you are in need of a criminal defense attorney, you can learn more about Elton Jenkins on his website, www.EltonJenkinsLaw.com.
Most criminal cases will require that a defendant have an attorney to represent them with the District Attorney and the court. The information contained in this article is intended to be a general guideline concerning the difference between misdemeanors and felonies. If you have been charged with a crime, it is very important that you speak with an attorney about your particular case. Most attorneys offer a free, no-obligation consultation.
Rodney’s Bail Bonds is not a law firm, we are bail bondsmen. If you are in Central Oklahoma and looking for information about bail bonds, go to www.RodneyOKCBailBonds.com or simply use this link to get answers to the most asked questions we get. We will be happy to help you get the answers you are looking for. Rodney’s Bail Bonds is available 24 hours a day, 7 days a week. When the unexpected happens, call Rodney at 405-205-0603.