My friend and fellow attorney Landon White, practicing criminal cases in Baltimore often posts #lawyerup and talks about people voluntarily speaking with police during investigations to their demise- and he is right. I have said many times to say you want to be silent and you want a lawyer (thus lawyer up). However, time and time again, people talk with police and walk themselves into trouble. People often think they can tell the truth and get out of trouble. Sometimes you might be right; others, you might be wrong, and part of your story fits their story and WHOA now your being charged with a crime. Still want to bank on "might" get out of trouble? The police probably think you did it, and can and will say what they need to say to get you to say what they need you to say.
Mr. White just posted about a colleague who got a hung jury in a case where all the other Defendants talked and got life sentences. Maybe some of them were guilty, but the jury wasn't convinced. Just today I took a case where the Defendant has already talked to the police, and the police noted on the citation that he had admitted to the crimes. Nevermind the fact that he did not admit to the allegations lodged at him- he said something that made them say "yep, there you go-admitted it." So much for the truth.
Oh and by the way, that whole "anything" you say can and will be used agains you-for instance, Attorney White shared with me that a client told some co Defendants not to talk with the police. Fair enough to tell your buddies to wait for a lawyer right? Probably not-it's right to remain silent- as in stop talking and ask for a lawyer. This guy will likely learn the hard way when they use those statements against him at trial.
Even if you are guilty, you should not just talk with the police until you talk with a lawyer. If you actually admit a crime before you work out something with your lawyer, what incentive do you think the prosecution has to offer you a deal? None- they can go to trial and play your confession while you look ridiculous at the Defense table in front of a angry Jury wondering why they are there when you are obviously guilty. Ring em up for say, yeah, the max. Luckily here in our area most prosecutors will offer some type of deal on most crimes because the delay and expense of going to trial-but I promise its worse than if you just waited for your lawyer. Go to a different city where there are numerous judges and prosecutors that lawyers don't have working relationships with because they don't see each other all that often and you may get an offer that is closer to the max because there is a confession or enough facts admitted to that you can't win. The lesson here folks is STOP TALKING BEFORE YOU GET A LAWYER. See a theme here on this blog? Well you will probably keep hearing it because we will probably keep seeing it ruin our chances of a good defense- so don't be mad at me.
If your in Maryland, especially Baltimore, hit up Landon White(www.facebook.com/landon.white.7), and he will steer you right. I promise the first thing he will say is don't talk to anyone else about your case. Take that advice to heart- your freedom may depend on it.