If knowledge is power, then when someone is arrested or charged with a crime, one of the most important tools in defending himself is the knowledge as to what will count against him in a court of law. Saying the wrong thing when nothing needs to be said, or cooperating when one has no legal obligation to do so, can be the difference between a fair trial and one stilted in favor of the police.
Richard Mooney is a criminal defense lawyer in Manchester, NH, and he says many are not aware that certain evidence isn’t even permissible in court. “For instance,” says Mooney, “when somebody is arrested and the police write up a report, that police report is important, but it does not count as evidence in front of a court.”
According to Mooney, the only real use to a police report is that it gives the defendant and the lawyers an idea as to what will be said by the testifying police officer. “It just gives you information as to what the people can say. But it’s good because it allows you to cross examine them - because if they say something different on the witness stand, you can question their credibility.”
Additionally, says Mooney, when brought to the police station and set up for interrogation, a person has no legal obligation to say anything. “Generally with a police officer, the only thing you have to do is identify yourself, your name, and your address. You don’t have to tell them anything else,” he insists.
In this type of scenario, Mooney recommends asking for a lawyer immediately upon being arrested and not saying anything else, since a police officer is not legally allowed to interrogate or even ask questions to someone who has requested the presence of a lawyer. However, the police are allowed to continue questioning once a defendant begins offering information again, even if he has asked for a lawyer, since it is counted as him voluntarily waiving his right to a lawyer.
Mooney also says that in a situation where one is stopped by the police for a DWI, it’s important in certain scenarios not to cooperate with the police when not legally obligated to do so, since it will only serve to incriminate oneself. “The more you talk, the more they’ll have to use against you,” he states. Mooney says that instead, you will be brought to the police station and your license will be suspended for a period of six months, but even this is better than the alternative of being charged with a misdemeanor DWI. That, he says, will stay on your record for 10 years.
Ultimately, Mooney stresses that none of this is meant to undermine policing, but rather, it’s important for people to know their constitutional rights and do anything they can to fight in their defense. Since the police know their rights and will do everything they can to incriminate someone accused of a crime, it never hurts to understand the protections inherent in the law.
This article is for informational purposes only. You should not rely on this article as a legal opinion on any specific facts or circumstances, and you should not act upon this information without seeking professional counsel. Publication of this article and your receipt of this article does not create an attorney-client relationship.