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****This is a very brief, general guide intended
to allow a layman to get an idea of the legal process in Texas criminal
law. "Legalese" and other gobbledegook is limited.
INTERROGATION
Many people think they are helping themselves when they
speak with police and answer police questions. In my opinion, it is almost
never a good idea to speak with police, especially when you know you may
be suspected of a crime.
Invoking your right to remain silent CANNOT be used against
you in court; it is strictly forbidden to even be mentioned to a jury.
If you are already under arrest, the police officer has
already formed the belief that you are guilty. Do you think your comments
will change his mind? Even innocent comments can be construed as admissions
of guilt. Denials are considered by police to be dishonesty and will NOT
result in your release.
Think about it. Why would police question a criminal suspect?
Police take time to question and gather evidence because it is helpful
to the case against the suspect, not for him. When a case is weak,
police often hope the suspect's statement will be the missing link to a
conviction; they are often correct, regardless of whether the suspect is
truly guilty.
Many very defendable cases have been lost simply because
the suspects made incriminating statements in the erroneous belief it would
help them. Think about it: if you have been arrested, the police think
you did something wrong. Would their questioning be geared to help you
or hurt you? Police do NOT want to help suspects, unless one considers
convictions "help".
If you are not already convinced that speaking with police
is a bad idea, consider the fact that courts routinely state that it is
perfectly legal for police to lie and mislead suspects in order to coerce
confessions. A confession in a recent death penalty case in El Paso was
upheld despite the officers' lies to the suspect that his family was being
tortured.
Generally, a person's best bet is to invoke his right
to remain silent and immediately seek the assistance of a competent criminal
defense attorney, regardless of whether the person is guilty or innocent,
and regardless of what evidence the police supposedly have.
*All answers are for people 21 years or older, do not involve enhancements,
are not exclusive, and are limited to Texas.
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