People in state custody often remain optimistic about their circumstances. They believe that they can talk their way out of the situation. Perhaps there has been a case of misidentification. Police officers suspect someone of committing a crime because they look like the person who actually broke the law.
Maybe there has been a misunderstanding, and what seems like a criminal situation was really a case of self-defense. People in state custody may try to explain the situation to police officers during questioning in the hopes of exonerating themselves. Unfortunately, many people who believe they can assert their innocence prior to arraignment actually help the state build the case against them.
Officers aren’t there to help defendants
People subject to arrest may operate under the presumption that police officers want to catch the right person and avoid professional mistakes. However, most officers simply follow procedure and allow the justice system to determine what happens next.
Frequently, officers act friendly, concerned and even supportive as a means of building a rapport with suspects and defendants. Their behavior may lead to confessions and statements that implicate an individual. In some cases, they outright lie to people to manipulate them.
They might insist that they understand the situation and want what is best for the person they recently arrested. At the same time, they may work toward gathering evidence that could convict that person. They may agree to a conversation, only to ask leading questions that put the defendant in a vulnerable position.
Miranda rights exist for a reason
Before police officers question someone who is in state custody, they must advise them of their Miranda rights. Individuals have the right to remain silent during questioning and the right to bring in legal assistance.
Instead of trying to talk with authorities to avoid prosecution, it is often better to assert the right to remain silent and the right to legal representation. An attorney can clarify details with police officers if doing so could help resolve the situation.
People facing charges or currently in state custody can discuss the situation with a criminal defense lawyer, and their attorney can then advise them on the best way to respond. A lawyer’s guidance can help people avoid implicating themselves as they seek to exonerate themselves.
Attorneys can clearly convey information that could lead to the state releasing the defendant without charges. They can also help their clients identify common tactics intended to manipulate them and undermine their chances of avoiding prosecution or a conviction.
Even the most charismatic and intelligent people can fall victim to the manipulations of law enforcement professionals during an investigation. Having the right assistance could make a major difference for those hoping to respond effectively to pending criminal charges.