It is a common police procedure to talk to suspects and take their statements, this increases the probability of a conviction. According to the Supreme Court Of Canada, these statements can also be used at trial, even though they have been taken without caution.
You might have heard the statement, “anything you say can be used against you in the court of law” a couple times in movies and shows. This is exactly what we are talking about here. Anything you tell the police can be used against you in court.
Hence, it is imperative that you consult and hire a criminal defence lawyer who can help you navigate through the process and later on in trial, if there is one.
At Slaferek Law, we have a team of experts who specialize in several types of offences including assault and sexual offences.
In this blog, we have detailed a few reasons why it is important to talk to a lawyer before you talk to the police.
The Information You Provide Could Lead To Your Arrest
Since most laymen are not well-versed with the intricacies of the law, while talking to the police, they sometimes reveal things that might lead to their arrest even if they are innocent.
Note that the police are under no obligation to tell you the truth. They might tell you that the investigation is regarding someone else but you might be the real suspect. At times like these, it is best to tell the police that you cannot talk to them unless your lawyer is present at the scene.
Investigators understand that no one admits to a crime, hence, in most cases, they don’t question you to get a confession, rather they ask questions to establish a case against the suspect. This means, if they are able to pull enough details from you to make you a suspect, you will be arrested.
Many times, our clients have complained to us that the Miranda warning was not read to them. For the uninitiated, a Miranda warning is read to a person being arrested. It says,
“You have the right to remain silent. Anything you say can and will be used against you in the 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?”
However, it is a false assumption that the police must read the warning at the time of investigation. If the person being questioned is not in custody, the warning is not read.
You Do Not Know Your Options
As a layman, in most cases, you do not know what your options are. Hence, it is always better to leave the talking to a lawyer. You must have seen in movies and shows that in cases such as fraud, theft or money laundering cooperating with the police will help you strike a deal.
However, situations like these are overly simplified on screen. In real life, there are many formalities involved and you are urged to not talk to the investigating officer or strike a deal without having your attorney present.
If you want to provide information that will prevent the authorities from charging you with a crime, it is imperative that your attorney protects you via proper non-prosecution agreements.
Criminal defence attorneys like Slaferek Law lawyers have years of experience, huge amounts of resources and the required knowledge to help you throughout the investigation and prosecution phase.
About Slaferek Law
Thanks to our team’s diversity and expertise in different areas of criminal law, we are able to defend clients charged with all different types of offences. Our team of professional criminal lawyers draws from their experience to reap the best possible outcome for our clients. Learn more about SLaferek Law and our team.Need a defence against sexual assault charges? Contact us now.