Maxron Holder \u2013
Attorney-at-Law and Lecturer in Law
\u00a0 \u201cThe police bin tell me if me na talk now, me going look guilty when we go ah court\u201d
I cannot begin to tell you the number of times in my career that a client in a criminal matter has said to me: \u201cMr. Holder, the only reason me talk to the police is because them bin tell me\u00a0 if me na talk now, me going look guilty.\u201d
This is one of the most common misconceptions people have when dealing with the police. In reality, one of the most powerful rights you have in the face of police questioning is your right to remain silent.
What does this right mean?
The right to remain silent allows you to avoid self-incrimination\u2014that is, saying something that could be used against you later. In practice, this means that you are not obligated to answer questions that could put you in a compromising position, and if you are arrested or detained, you have the right to politely refuse to answer.
If you are ever arrested or taken in for questioning on suspicion of a crime, and the police ask if you\u2019re willing to make a statement \u2013DECLINE !!
Why does this matter?
It is not your job to build the police\u2019s case against you. Anything you say during questioning\u2014even small, harmless-sounding comments\u2014can and will be used against you. And once a statement is on record, the prosecution can use it to cross-examine you. This often makes your lawyer\u2019s job more difficult.
On the other hand, if you remain silent, you usually cannot be cross-examined on a police statement you never gave. This puts you in a stronger position when mounting your defense.
But won\u2019t silence make me \u201clook guilty\u201d?
This is where many people get trapped. Police officers may try to convince you that if you don\u2019t talk, you appear guilty. However, the truth is that exercising your right to remain silent cannot be held against you in court, and the law is clear: silence is not an admission of guilt.
Your silence is your protection, not your downfall.
If you are ever unsure about how to respond to the police\u2014or if you are already facing charges\u2014the wisest thing you can do is request a lawyer and wait. Always keep your lawyer\u2019s number handy. Having a lawyer present ensures that your rights are safeguarded and that you don\u2019t accidentally say something that could harm your case.
<\/p>\n","protected":false},"excerpt":{"rendered":"
Maxron Holder \u2013 Attorney-at-Law and Lecturer in Law \u00a0 \u201cThe police bin tell me if me na talk now, me going look guilty when we go ah court\u201d I cannot begin to tell you the number of times in my career that a client in a criminal matter has said to me: \u201cMr. Holder, the<\/p>\n","protected":false},"author":8,"featured_media":43945,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_jetpack_newsletter_access":"","_jetpack_dont_email_post_to_subs":false,"_jetpack_newsletter_tier_id":0,"_jetpack_memberships_contains_paywalled_content":false,"_jetpack_feature_clip_id":0,"_jetpack_memberships_contains_paid_content":false,"footnotes":"","jetpack_post_was_ever_published":false},"categories":[1],"tags":[],"class_list":["post-44032","post","type-post","status-publish","format-standard","has-post-thumbnail","category-mainstory"],"yoast_head":"\n