In Los Angeles county, I see a lot of people being arrested, taken into custody and then they're coming in and asking me why there was no questions asked of them. Why didn't the police get their account of what happened?
This is very frustrating for a lot of people because they simply can't figure out why they would be arrested and no one would hear from them.
Why would they not get an idea of what happened from their perspective and maybe they wouldn't have been arrested?
Strength of Evidence
If police believe they have strong evidence against you, they don't really need to talk to you or ask your side of the story.
The reason police officers don't ask every single person questions, is because:
- police officers aren't that sophisticated, so if they feel they've got the evidence against you, then they don't really need to talk to you.
This is especially true in today's day and age with the Coronavirus, they're really not looking to talk to people unless they have to.
If on the other hand, it's a very serious crime and the evidence could be questionable, of course, they're going to try to get a statement from you so they can try to use that statement in order to prove the case against you.
So, it really depends on the type of case you're talking about and what evidence is available to the police. If they've got video evidence of you committing the crime, what's the purpose of starting to ask you questions about the crime?
That would probably be one example where they wouldn't ask any questions.
Domestic Violence Cases
Other times, in a domestic violence case, maybe the victim gives them the information. They can see injuries on the victim. Maybe they've got some witnesses in the house.
They don't really need your statement. I would say another reason they don't take statements is because it's really the preference of the police officers. They don't have to take statements, just like they don't have to read you your Miranda rights.
If they don't read you your Miranda rights and they ask you direct questions and you incriminate yourself, your lawyer would certainly have the ability to challenge that and file a motion to suppress your statement.
Probable Cause for Arrest
The bottom line is, when it comes to the police asking questions of you, it is a choice on their part. Their bottom line is, they're going to arrest you:
- number one, they have to have probable cause to arrest you; and
- number two, they've got to be able to present to the prosecutors in Los Angeles county, the evidence necessary to be able to prosecute you.
So, if they feel they have that evidence without your statement, then they will just move forward without it.
Sometimes that's a huge mistake. It doesn't mean they're not necessarily making a mistake, because sometimes if they got more information from you, they may charge you with worse crimes.
Sometimes if they got the information, they might charge you with less crimes or they might charge you with no crime.
Criminal Defense for California Crimes
Contact the Hedding Law Firm for help.
That's why it's so important to get an attorney on your side fighting for you, because if you don't, you're going to be in the position where they're only going to take one side's account of what happened, and you want to make sure that your side is out there.
You want to make sure that your rights are protected. You want to make sure that you're fought for.
So, if you or a loved one has a case in Los Angeles and you're looking for a criminal defense attorney, you've come to the right place. I've been doing this now for 27 years.
I've worked for the DA, I've worked for a Superior Court Judge, but most important, I've been a criminal defense attorney defending people in the position just like you since 1994.
Pick up the phone. Ask for a meeting with Ron Hedding. I stand at the ready to help you.
Hedding Law Firm is a criminal defense law firm located in the San Fernando Valley area of Los Angeles County at 16000 Ventura Blvd #1208 Encino, CA 91436.
Contact us for a free case evaluation at (213) 542-0979.
