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What To Do If Police Lie Regarding Your Criminal Case

Posted by Ronald D. Hedding, ESQ. | Dec 06, 2019

I've been doing this for over twenty-five years. I've had numerous clients come to me and claim that the police are lying about some aspect of their criminal case, either as part of the investigation or, more often, that the lies are related to a statement the client allegedly made to the police.

Of course, the prosecutors are using that particular statement in order to prosecute the person.  I've noticed that most of the time, when defendants give statements in criminal cases, those statements often become the evidence that prosecutors use to convict them in the case.

That's usually the most powerful evidence in the case because jurors ask themselves, ' Why would somebody give a statement admitting guilt or make it look like they're guilty if they weren't guilty? '  It just doesn't make any plausible sense unless the fact that they are guilty.  So, that's usually the most powerful evidence that the police have in any given criminal case.

Testify at Jury Trial

So, you have to bear that in mind in order to try to get around that statement if that's what you choose to do. If you want to fight your case, you're actually going to have to testify at a potential jury trial, explain to the jury that you didn't make that statement, and explain your version of events. This process can be complex, and it's important to have a legal professional guide you through it.

One powerful way to challenge the police when they're lying, for instance, claiming that you gave a statement that you did not give, is to demand evidence. Ask the police, 'Do you have the statement recorded? '  Let's see the recordings.  Do you have a videotape?  Let's see the videotape. Because if you don't have that, then how are we supposed to believe that the person made that statement? You guys in the LAPD now have body cams. Why isn't it on the bodycam? That's certainly one way to attack the police when they lie.

What To Do If Police Lie Regarding Your Criminal Case

Because if you don't have that, then how are we supposed to believe that the person made that statement?  You guys in the LAPD now have body cams.  Why isn't it on the bodycam?  That's certainly one way to attack the police when they lie.

Also, another way to attack them is by other surrounding circumstances.  The police claim they see a certain thing or somebody says a certain thing, and then you look at the circumstances surrounding that scenario, and they don't add up. Then you have obviously point that out to the judge or a jury and say, ' The police are claiming this, this, and this happened, but if these certain things happened, how come there's no other evidence to support that? '

It's unfortunate because the police will claim that they see somebody commit a moving violation, and that's how they justify stopping the person. The person says, "No, that's not true. I didn't do that," and the police say, "Yes, they did do that."

So, now you're in a position where you've got your client's word against the police officers, and that happens all the time.  So, again, you have to look for other evidence to try to tip the balance in your client's favor.

Review of Dash Cam Evidence

For example, in a stop scenario, how about your dashcam?  Let's see your dashcam video, police officer.  If that really happened — if my client really made an illegal turn, didn't have their lights on, or whatever the case may be — then there should be some evidence to support that. Let's see your dashcam video. If they don't have one, that raises some doubts about whether they're telling the truth.

Another significant issue that arises is consent.  Police claim that the person said I could search their car all the time.  That person said I could search their house.  That person agreed to a pat-down search, for example.  So, again, these are issues that frequently arise.

The client says, ' No, I didn't consent to that. '  An example of how you can challenge that would be to say, ' Okay, if they consented to it, let's see the piece of paper they signed, stating that they consented to you being able to search their house. '  Go ahead, put it in my hand.

Then, you know, juries and judges start to question, How come you didn't have him sign a consent form if you were going to search their house?  Because once they search the house, they find all kinds of evidence against you, so they're not going to let you sign a consent form, as most people wouldn't sign one.

They're not stupid enough to do that because once you sign the consent form for the search, you've given them carte blanche to search any location you agree they can access. If they find something, they're going to be able to use that against you, certainly.

Challenge Police When They're Not Telling the Truth

So, as you can probably start to get a feel for it, in order to challenge the police when they're not telling the truth, when they're lying about an issue, you need to have other evidence surrounding them.

As you can probably start to get a feel for, in order to challenge the police when they're not telling the truth, when they're lying about an issue, you need to have other evidence surrounding them. You need to have an advocate who can fight for you.  

That's why your criminal defense attorney is so crucial in these situations. Your attorney is your voice, your shield. They are the ones who will be able to challenge the police, ask them questions, and present the other side of the story — that the police are lying. Your attorney is in the best position to try to challenge them, show they're lying, and attack their credibility. This reassurance can make you feel supported and confident in your defense.

Your attorney is in the best position to try to challenge them, show they're lying, and attack their credibility. Often, that results in the case being dismissed if it's done effectively.

There is evidence that can be used against the police or at least result in a lesser charge, as prosecutors recognize that these police officers are not telling the truth, which is unfair to the defendant. Challenging the police can make a significant difference in the outcome of your case. This potential impact can give you hope and optimism in the face of criminal charges.

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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