Talking to Police after a Self Defense Incident

[Durango00]

Funny how the word of someone that worked these cases doesn't hold any water with you...

Fuuny how you think I give a **** what you say

 

[gh1950]

IF that were the case I'd rather not have cops in court telling the jury you were uncooperative, refused to give a statement until your attorney arrived, impeded their investigation..... Kinda makes someone sound like they're guilty as hell to me

The cops cannot make any of those statements.

Specifically the cops cannot comment on you remaining silent, they can't comment on your decision to have an attorney present, and they cannot comment on you being "uncooperative" if that cooperation involves your Fifth Amendment Right to remain silent.

In fact once you ask for an attorney, the police have to end the interrogation, so your cooperation or lack thereof becomes moot

Course you read that in the internet too, and I'm sure your personal experience tells you differently

 

[Ken Ford]

Fuuny how you think I give a **** what you say

Typical, just what I expected...

 

[Sigo]

“He who represents himself has a fool for a client.”

Quote by Abraham Lincoln.

its been posted before but for those who are late to the game:

Best response I have seen on here. Folks need to remember that court officials and police are humans and as such make mistakes or a downright dishonest. The right to not incriminate yourself is to protect you from them. If someone on here does not see the prudence of affording themselves of their legal protections, then they hopefully will not reap the benefits of their expertise.

 

[GAgunLAWbooklet]

That's not what's being argued. Saying NOTHING to the police until your attorney arrives is what I've said is WRONG

A prosecutor CAN comment on your refusal to cooperate or give a statement, IF you were not yet being subject to "custodial interrogation."
In other words, only after you are legally entitled to be read your Miranda rights does your choice to use those rights become off-limits to negative comments or inferences in court later.

Now, if you're talking to the police in your own home, rather than at the police station, and no cops have handcuffed you yet, it's pretty certain that the law will say you were not "in custody" at not due any Miranda warnings.

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I agree if it's a clear-cut case of self defense, even some inference of guilt arising from your total non-cooperation with the cops won't get you convicted.
That kind of "evidence" just doesn't carry enough weight.

BUT, it can convince a cop to arrest you rather than let you stay a free man while they make their reports and forward the file to the DA's office for review.

Your attitude CAN result in you having to wait two weeks to get a bond hearing in front of a Superior Court judge, instead of having a magistrate set the bond, and at a reasonable amount your family can make (with or without using a bail bond service).

 

[chucklenut]

when facing a possible man-slaughter or murder charge for defending yourself......shut the ever loving **** up and get legal counsel

i do not understand how this concept is hard to get

its nothing personal with the police, heck i bet a large number of them get it and know its a good idea to wait for a lawyer on your side. words have meaning in the legal realm

"Anything you say may be used against you in a court of law"

so dont say anything