We’ve all watched enough police shows to understand our right to remain silent. For some reason, some prospective defendants seem to forget they can invoke this right. Instead, they think they are better off lying to the police. Nothing could be further from the truth.
It might seem like a simple white lie arising from a traffic violation. The officer pulls you over and often asks a standard question. “Do you know why I stopped you?”
The answer might be apparent to you. Perhaps you were texting. Or, maybe you were exceeding the speed limit. You could have even coasted through a red light or stop sign. For some, the onset of verbal diarrhea can get quite messy. Your guessing game might not even be accurate.
Don’t become a victim of your own words. And, resist the temptation to lie to the police. The consequences can be worse than you might expect. Consider these reasons.
Talking to the Police May Have Consequences
What’s the big issue with talking to the police? Self-incrimination. The Fifth Amendment of the United States Constitution protects us from it. You cannot be required to be a witness against yourself.
Keep in mind. We are not suggesting that you resist arrest or fail to cooperate with the police. That’s never a good idea and raises the potential for harm. However, you can politely assert your right to remain silent. Here’s some reasons why:
- The police may try to elicit information to help THEIR case. They are not really interested in your defense. Their duty is to uphold the law. If they think you’ve done something wrong and have evidence to prove it, your version means little or nothing.
- You might think you can get away with false statements. You could try denying you were speeding. However, police radar might say otherwise.
- Just because you know you’re guilty doesn’t mean you need to admit it. Why would you? Are you seriously trying for an automatic conviction? Let experienced legal counsel deal with this in court. It’s harder to plea bargain if you’ve already admitted to a crime.
- You’d be surprised. People lie even when they’re innocent. Consider the individual pulled over for a DWI offense. The police officer followed him from the local bar. When asked where he was coming from, the gentleman figured it was safer to say he was at the mall. This leads to an issue of credibility. Why tell a lie? Especially, when it’s unnecessary.
- Tempted to blame someone else of a crime? New Jersey has specific laws against fictitious police reports. You can get in trouble for fibbing to law enforcement authorities.
- Giving false information with regards to any investigation is also covered by the New Jersey statutes. It’s just another reason to resist talking with authorities without the benefit of legal counsel.
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Are you concerned about a matter that has been referred to court? Whether your case is scheduled for a municipal or superior court hearing, you need legal advice. At the Law Offices of Beninato & Matrafaljo, we have experience in both venues. Give us a call to see how we can assist you.
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