By Attorney James Czarnecki|Czarnecki & Taylor PLLC|NOV 8, 2022
This article discusses what you should do when any Michigan police officer wants to talk to you about a crime. For starters, the statement in the photo is accurate. If you speak to the police, you risk having your statements taken out of context, misconstrued, or misquoted. If you learn anything from this article, you should (1) remain silent and (2) immediately retain an attorney.
Being accused of a crime in Michigan, or any state for that matter, is a serious situation. It can change your life. A phone call or knock on your door from a detective causes a lot of anxiety. If this happens to you, you should not wait until you are charged with a crime to retain an attorney. It is never too early to hire a Michigan criminal defense attorney. Hopefully, if you are asking this question, it is not too late. Your best chance to avoid arrest and being charged with a crime is to hire an attorney who can be proactive. If the police accuse you of a crime in Michigan and are under investigation, or have a warrant for your arrest you must consult with an experienced defense attorney.
Hiring an attorney when accused of a crime will put a shield between you and the police. You start defending yourself before you are charged with a crime. There are many steps an attorney can take to defend you in a “pre-charge” investigation.
What is a “pre-charge” investigation?
If the police want to talk with you and you have not yet been charged with a crime, you are in the “pre-charge” phase of a criminal case. It means any actions occurring before you are charged with a crime.
Likewise, suppose you have been arrested and released without being formally charged. In that case, you are still in the “pre-charge” phase of a criminal case.
The pre-charge stage is a critical time to hire an experienced criminal defense attorney to assist you. If you wait, you risk making mistakes. The biggest mistake people make is talking to the police.
Never Talk to the Police if You are Under Investigation – Even if You are Innocent.
Do not talk to the police. I cannot tell you how many times I gave this advice, yet people still believe they could handle it alone. 99% of the time, they call me back because they have been charged with a crime. But now, the police have either a confession or have used the person’s statements against them.
Do not talk to the police. You are not skilled enough to handle it. It doesn’t matter what your education level is, how many times you have been arrested, or how many television shows you watch. You will not prevail. You will not outsmart the police. You don’t have the experience.
During interrogations, experienced police officers know what they are doing. They use various techniques to get you to talk. They are not on your side. They want to build a case against you, and what better way to do it than by using your statements against you. If you are a suspect, you are the star witness.
During a “pre-charge” investigation, the officer will not be aggressive. They will be friendly and seem like they want to help “clear things up.” They want you to feel comfortable. You won’t give them what they need if you are scared and “on-guard.” The last thing the police want you to do is to invoke your right to an attorney. The game is over at that point. Why? Because an experienced criminal defense attorney will know how to prevent their client from volunteering damaging evidence.
One of the most misleading statements a person can say to themselves is, “why not talk to the police? I have nothing to hide.” While that may be true, you should know that innocent people confess to crimes.
The police are allowed to deceive and lie to you.
Few people know, or want to believe, that the police can and will lie to you. Do not believe the police.
Everyone seems to agree that confessions should be freely and fairly given. Unfortunately, that isn’t how the law works. The law allows the police to use lies and deceit to get you to confess.
Although police have been stopped from beating confessions out of suspects, they are legally allowed to lie to you about many things. The ability of the police to lie to a suspect should not be permitted. The lies concerning evidence can force even an innocent person to confess to a crime they did not commit.
The U.S. Supreme Court has allowed police to falsely claim that a suspect’s friend confessed to the crime when, in fact, they did not. The police can lie and tell you they found your fingerprints at the scene of a crime.
The police will often tell people the following:
- “Your friend confessed and told us you did it” – Police use this tactic to gather background information such as where you were, at what time, etc. While you may not provide directly incriminating evidence, your statements build the factual story of the case. Essentially, you are confessing to facts.
- “We have several witnesses who place you at the scene of the crime.”
- “You do not need a lawyer” – Yes, you do. If you ever hear that statement from the police, you better believe that you need a lawyer.
- “We just want to help clear your name” – The less you say to the police, the less likely you are to incriminate yourself. You’re better off remaining silent. Talking to the police makes it more likely that charges will be filed against you.
- “You are not a suspect” – Yes, you are.
- “We just want to talk to the prosecutor on your behalf” – When the police tell you they want to help you, they are lying to you. They are not your friend or your attorney. The police will never help you do anything other than incriminate yourself.
- “Things will go easier for you if you help us” – This is just false. The police have no control over whether a case gets authorized against you or not. Only the prosecutor has that authority. The police are only there to collect facts and evidence. One famous lie they tell people is “We didn’t want to go forward with a case against you even though you helped us; the prosecutor wanted to. I’m sorry.” This is just a lie. The prosecutor would never know about the case if the detective never sent the prosecutor the warrant request. There is nothing in the law that forces the police to give a prosecutor a case. The police don’t have the power to go easier on you. The police are trained to lie to you and get you to admit to facts. Innocent people confess to crimes because they wrongly believe the police have the power to go easier, or even harder, on people.
- “We heard the other side; we just want to hear your side of the story before we do anything.”
- “We have your DNA” – It is doubtful that the police would have your DNA. Proper fingerprint and DNA analysis take a considerable amount of time to produce. The Michigan State Police Crime Lab is famously slow and backed-up with work. It takes several months to get blood results back from a drinking and driving case.
- “If you talk to us, how much worse can it get? You are already looking at _____ crime?”
The police will lie to you to get you to talk. They will use everything you say against you. Just think about the “right to remain silent”: “You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?” When the police tell you that they will use everything against you, you should believe it. They are telling you what their plan is when you talk.
The Supreme Court’s decision in Miranda v. Arizona, 384 U.S. 436 (1966), gave us the well-known Miranda rights. Once you invoke the right to remain silent, the police must obey your request. However, this only applies after the police have advised the person of their Miranda rights, which they are only obligated to do before they interrogate someone once they have placed that person under formal arrest.
As the saying goes, anything you say can and will be used against you. But, there is more to it than just your words. Even if you do not confess, the police will claim that you appear guilty. Also, if you make a simple mistake, they will use it to show that you are deceitful. For example, if you honestly remember that you were at McDonald’s Friday night but were actually at Burger King, the police would say that you are lying. They will believe they are on to something when in fact, there may be nothing to chase.
As you can see, there is very little that can go right, but a whole lot that can go wrong when you talk to the police.
You need an attorney if you are a suspect.
If the police want to talk to you, you are a suspect of a crime. An experienced criminal defense attorney works on your behalf and is someone you can trust. They will protect you from the inevitable mistakes that will arise when dealing with the police. A defense attorney will make sure the police do not twist your statements for use against you. Your attorney might tell you that under no circumstances should you talk to the police. The police try to talk to you without an attorney because they know the attorney is there to defend you. The attorney’s job is to make their job more difficult.
True story:
I received a phone call from a client telling me that the police wanted to talk to him about an unarmed robbery case. I told the client not to talk to the police without an attorney, which is exactly what he did. The police had little evidence against him. The alleged victim picked another person out of a photo lineup. The police were not sure they had the right person. However, after meeting with the detective, the client admitted to being at the scene and even admitted to assaulting the complainant.
True Story:
We received another call from a client who asked what he should do since the police wanted to talk to him about pulling a gun on someone during a road rage incident. Again, we told the client not to go to the police department. As you guessed it, that is just what he did. But, he did even more. He brought the firearm with him. He believed he could talk his way out of the incident because he did it once before. Interestingly, the alleged victim told the police that the barrel of the gun had a unique silver ring on the front where the bullet exits. The only way that he could have seen it is if the client pointed the gun directly at the complainant. So, when the client voluntarily brought the weapon to the police, he gave them the critical piece of evidence.
True Story:
I represented a doctor for an alleged hit-and-run incident caught on video at a collision shop. The collision shop employee claimed the client attempted to run him over after a billing dispute. I went to the police station with the client to discuss the incident. The police never charged him with a crime.
True Story:
I went with a client to the police station for an investigation related to negligent homicide. The police wanted to determine why the accident occurred. In the end, the police only charged our client with a civil infraction causing death. He ultimately received a term of probation.
You will not look guilty when you hire an attorney.
People always ask us, “won’t I appear guilty if I hire a lawyer?” No. It is quite the opposite. A person who hires a lawyer shows the police that they are treating the case seriously and will protect themselves. Your attorney will communicate with the police in a way that may result in no charge or even a reduced charge. Your attorney will professionally talk with the police to act as a go-between. This makes the entire process smoother.
Your attorney will protect you.
If the police in Michigan want to talk to you, getting an attorney involved early in your case only benefits you from making crucial mistakes. Even if you are completely innocent. It is not your job to make a case for the police. It is their job to make the case against you. Please don’t make it any easier.
An experienced criminal defense attorney can be proactive and protect your right against self-incrimination. There is much more that can be done but must be done early enough to be effective. While the police are supposed to investigate crimes and gather evidence, they do not always do a thorough job. Unfortunately, once the police believe they have the correct suspect, do you think they do other work to challenge this belief?
Your attorney can take measures to secure evidence that the detective did not locate. Your lawyer may be able to send letters asking that certain pieces of evidence be preserved. A truly proactive attorney can start locating and interviewing witnesses when the case is fresh in their mind. Your attorney might employ the services of a private investigator to do the work the police did not do.
While the police work against you, a skilled criminal defense attorney works for you.
Hiring an experienced criminal defense attorney before you a charged with a crime is the most important step you can take to protect yourself.
If your attorney prevents criminal charges from being filed against you or has the charges reduced before they are filed, you have received a return on one of the greatest investments you could make in your life, your criminal defense attorney. He or she can protect you from a conviction.
Like I said initially, innocent people confess to crimes frequently enough for it to be a problem. Now imagine if you are guilty of committing a crime; you do not need to make the job of convicting you an easy one?
The pre-charge stage is such a critical time before a criminal charge has been filed against you. This gap provides a chance for your criminal defense attorney to persuade the prosecutor not to charge you with a crime. If that cannot be accomplished, your attorney might reduce the severity of the charges.
While every case is unique, Czarnecki & Taylor have persuaded prosecutors not to charge our clients with a crime. The criminal justice system is not perfect. Innocent people can be charged with crimes. Those who may have committed a crime may be overcharged or charged with the wrong crime. A proactive, experienced criminal defense attorney who may prevent charges or preserve and locate crucial evidence is invaluable.
When you do nothing, nothing works in your favor. This usually results in being charged with a crime. The earlier a problem is handled, just like when you go to a doctor, the better it will be for you. The most common mistake people make is failing to seize upon an opportunity to avoid criminal charges.
The “do nothing” or “wait and see” approach rarely is the best course of action. Walking into a police station without an attorney to talk with them is probably even worse. You will not explain the case away.
Only an experienced criminal defense attorney can react in ways that will protect you. If you believe that you, a family member, or someone you know is a suspect in a crime, contact Czarnecki &Taylor PLLC for a free initial consultation.
Proactive Criminal Defense
Czarnecki & Taylor has decades of experience in pre-charge negotiations and protection of clients during this critical phase of a criminal case. We have been able to help clients by avoiding charges that seemed inevitable or when things seemed at their worst. We have been able to get charges reduced after extensive talks with the police and prosecutor.
The Local Advantage of Czarnecki & Taylor PLLC – Macomb County Criminal Defense Attorneys
When searching for a criminal defense attorney, hire an attorney with extensive experience in the court where you may have to appear. Though the same laws apply through the State of Michigan, procedures may differ. Prosecutor policies may be different.
Czarnecki & Taylor are two of the most influential and experienced defense attorneys in Macomb County. See our results. We have decades of experience in every single court in Macomb County. We know what the judges and prosecutors are likely to do with their cases. Because we have a good relationship with the prosecutors, we can openly discuss the case with them to help you get a good outcome. When necessary, we know when to set a matter for trial or preliminary examination.
Do you have a legal issue? We’ve got an answer. Czarnecki & Taylor PLLC’s experienced attorneys will handle your case with care and help you through every step of the process. For a free consultation, contact us today at (586) 718-2345 or online for a prompt response. We are available 24/7 and have weekend and evening appointments.