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Under What Circumstances Should You Give A Statement to the Police?

Posted by Ronald D. Hedding, ESQ. | Sep 26, 2018

The very short answer to this question is that there are very few circumstances. What I have observed over the last twenty-five years of practicing criminal defense in LA is that criminal defendants often attempt to explain themselves to the police, but what they don't realize is that the police are not there to hear their explanation or help them deal with their case. The police are there to catch somebody for a crime. As the late great Justice Thurgood Marshall said, the police are in the competitive business of ferreting out crime. Therefore, the police are permitted to lie to individuals and employ deceptive tactics in attempting to elicit admissions from criminal defendants that can later be used against them in a criminal case.

I've also seen the police, when people try to explain themselves, twist what they say out of context, and basically do whatever they can to make that statement work for them in the process of trying to prosecute the person in a criminal case. So, if I were a criminal defendant in Los Angeles and I was being investigated for a crime or even a crime that had already been filed against me, I would never talk to the police. The circumstances where you might consider talking to the police, first and foremost, would be with your attorney.

In my opinion, it is advisable to have an attorney with you at all times when you're a potential target of a criminal investigation in Los Angeles County. I have very rarely encountered situations where not having an attorney somehow benefits a potential target in a criminal investigation, whether at the state or federal level. The next step is to take your attorney's advice seriously. If your attorney tells you it's not a good idea to make a statement, then your attorney is right. You've hired an attorney; you should trust them. If your attorney has been provided with all of the relevant facts related to your case and they tell you it's not a good idea to make a statement, then you should heed their advice. The consequences of not doing so can be severe and can potentially be used against you in a criminal case.

Now, there are certain circumstances where I have had my clients go in and make a statement, and these circumstances are fact-dependent. In other words, we must consider the circumstances of the case before deciding whether to speak with the police or prosecutors. Sometimes, the police have the wrong person. Clear and simple, it doesn't matter what the individual says; we'll be able to show them they've got the wrong person. Under those circumstances, with your attorney present, I have had to bring my client in, explain everything, answer their questions, and also inform them of certain details. I'll tell them to say some things myself, and this has been an effective tool in saving my clients time, money, embarrassment, and pressure by showing them some things that they didn't know, and on many occasions, this has caused them to either drop the case or not even file it in the first place.

Now, what type of case is that for? What type of case do you report to the police in? Again, it depends on the circumstances. Once the police or prosecutors start asking you questions and they hit you with some stuff that can incriminate you, it's too late at that point to call for your attorney. You can still do it, but it just simply makes you look bad, and sometimes, depending on the circumstances, it can be used against you in a criminal case in Los Angeles.

So, when should you talk to the police in a criminal matter? The answer is, not very often, and only under the guidance of your attorney. Your attorney's advice and their presence during any questioning by the police are crucial. It's also important to have a thorough conversation with your attorney beforehand, as they can anticipate the questions the police might ask you. This will ensure that you answer truthfully, but in a way that doesn't compromise your position or provide evidence that can be used against you in a criminal prosecution in Los Angeles.

About the Author

Ronald D. Hedding, ESQ.
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.

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