Contact Us for a Free Consultation (213) 542-0979

Blog

Should I Talk to Police During an Investigation?

Posted by Ronald D. Hedding, ESQ. | Aug 17, 2020

With a robust 26-year career in criminal defense at both state and federal levels, I can confidently advise that it's rarely beneficial to engage with the police. The issue lies in the unpredictability of whether they'll record the statement or not.

From my observations, when the police don't record statements, my clients often find discrepancies in the police report or find their words taken out of context and used against them.

Another big thing that I see is people need to realize that when the police come to question them, they've usually done their homework.

In other words, they may well have spoken to other witnesses who have given an account of the story that is not the same as the criminal defendant's story.  So, when they talk to the police, they end up saying something that contradicts what the witness says.

So, now the police will use that against them to show that they're not telling the truth and, often, successfully prosecute them.

Police Are Not Trying To Help You

One thing you have to realize is that the police are not your friends.  They're not trying to help you.  They're in the competitive business of ferreting out crime.

So, in criminal cases—especially in Los Angeles—we often jump to the conclusion that the person is guilty and then attack the person, trying to get incriminating evidence from them.

They are not looking at the situation with an open mind and asking questions based on the prospective of prosecuting the person and getting the conviction. So, obviously, this is a situation that is ripe for problems, and it is not a good idea, at least in my opinion, to talk to the police.

There are some exceptions where I have had my client talk to the police.  For example, if the police don't have certain information that my client can give them that will help the defense in the criminal case.

There are instances where I advise my clients to speak to the police, under my guidance and presence, to ensure the full story is accurately presented in the case.

Independent Investigation by Our Law Firm

Other times, in addition to making a statement, we will go out and find witnesses, take witness statements through my investigator, and then use those statements to show that a particular person is innocent of a crime.

So, now you've got witnesses countering the prosecutors' statements and the defendant giving a statement. Obviously, you want the statement to be in conjunction with whatever the client has said.

So, now you have an opportunity to attack the prosecution's case, show that your client is innocent, and give another side to the story. When you use those witnesses, your investigator usually can document this.

So, long story short, I would say it is never a good idea to state the police unless your attorney believes it is in your best interests to do so. Your attorney is directing you through that particular statement.

Never a Good Idea to Give a Statement to the Police

You trying to state by yourself is not a good idea and is very dangerous because you need to get a fair shake when it comes to giving that statement.  That's the problem.  If you are given a fair shake, that might be a different story, but when you have law enforcement just simply looking to get you, so to speak.

That's usually a recipe for disaster in a situation where you don't want the police to be able to obtain your statement.

So, if you have either given a statement to the police or it's at the pre-filing stage and you're thinking about starting the police, hire somebody like me who has been doing it for a long time.

Tell me your story in the privacy of my office, where it is protected by the attorney-client privilege. This ensures that your information is safe and then let me figure out exactly how we're going to deal with the police.

Also, what we're going to say, and I can call them up and give them whatever other information you want to give them. This way, you're not going to do or say anything to incriminate yourself because it is going to be me who is doing the talking for you.

About the Author

Ronald D. Hedding, ESQ.

Ronald D. Hedding, Esq., is the founding member of the Hedding Law Firm. Mr. Hedding has an extensive well-rounded legal background in the area of Criminal Law. He has worked for the District Attorney's Office, a Superior Court Judge, and as the guiding force behind the Hedding Law Firm. His multi-faceted experience sets Mr. Hedding apart and puts him in an elite group of the best Criminal Defense Attorneys in Southern California.

Menu