It is sounds simple, it sounds basic, and it sounds like it doesn’t need to be said but we are obviously writing this blog for a reason. Time and time again we get surprises about our client’s case from people that shouldn’t have more information than us.  Criminal defendants often fail to realize two things: 1. Don’t talk to the police, and 2. do talk to your lawyer.

In this blog, we will talk about how these two things work together.  Like all of our blogs, this is intended for informational purposes only and is not intended to substitute the advice and counsel of a criminal defense attorney.

Stop talking to the police

“You have the right to remain silent, anything you say can and will be used against you”. You may recognize these as part of Miranda Warnings.  This really can’t be clearer.  It doesn’t say that maybe some of your statements will be used against you, but maybe they won’t. It says everything you say can and will be used against you. It’s a promise, and it is one promise that law enforcement rarely breaks.

Any statement that a criminal defendant makes is admissible against him or her at trial.  This is not limited to law enforcement – it also includes any statements made to other people.

Start talking to your attorney   

Tell your attorney the truth.  The information is eventually going to come out anyway, and it is better that he hears it from you rather than get surprised by the discovery, a victim, a prosecutor, law enforcement, or a witness that is testifying at trial. The more your attorney knows, the more he can properly advise you and help you through the situation.

Further, unlike statements that you make to anyone else on the planet, the statements you make to your attorney are covered under attorney client privilege and can’t be used against you in a trial. It only makes sense that that is the person you are completely honest with.

Don’t destroy your own criminal case

Unfortunately, sometimes criminal defendants are their own worst enemy.  Someone who is charged with a crime is presumed innocent until proven guilty beyond a reasonable doubt, or pleads guilty.  Often, the most evidence that the government has against that person is provided by that person by the form of statements and physical evidence.

If you are charged with a crime, keep your mouth shut, hire a lawyer, and then tell your lawyer everything.

If you are in need of a criminal defense attorney, contact us. Gilles Law handles both federal and state criminal defense in North Carolina and South Carolina.