How To Protect Yourself From Self-Incrimination
The Fifth Amendment of the U.S. Constitution gives you the right to avoid self-incrimination by remaining silent. While that’s one of the better ways to prevent potentially giving the police evidence against yourself, that’s not the only thing you can do. If you find yourself faced with questioning from law enforcement, here’s what to do to avoid incriminating yourself.
Don’t Say Anything Other Than a Few Specific Phrases
First, you have the right to remain silent per that Fifth Amendment. If police start questioning you, you can tell them you’re remaining silent and want to speak with your lawyer/attorney. You can also ask if you’re being detained. But other than that, remain silent. If you fear anything you say will be used against you, say nothing other than those basic claims of invoking the Fifth and wanting to speak to an attorney.
Seek Legal Counsel Immediately
Your next step is to speak with an attorney immediately, even if you weren’t detained and are no longer in the presence of police. The fact that they were trying to question you about something they could have tried to pin on you makes seeking legal help necessary. You want to know what to expect and if there’s anything else you should be aware of.
It may seem like you’re in the clear if you weren’t detained, but that’s not necessarily the case. The police could get information from other people that leads them back to you, and they could try to arrest you then. You want to have an attorney, such as a Philly DUI lawyer, who you can contact should this happen.
Cut off Social Media, at Least for Now
Make any social media accounts you have private; do not accept friends or follow requests from accounts you don’t know. Double-check friend/follow requests that appear to be from people you know to ensure that these aren’t fake accounts. Don’t make unnecessary posts, and don’t talk about whatever incident the police tried to question you about. Police and lawyers do look through people’s social media to see if there are posts that link them to whatever law enforcement is investigating. You don’t want any hints on there that could incriminate you. You also don’t want your friends and family to comment, even jokingly, about the situation you’re facing.
Be Very Cautious When Answering Questions
If you are detained, be extremely cautious about the amount of information you give the police. That obviously goes for answers that could directly link you to what you’re being questioned about. However, you also have to avoid giving the police additional information that could infer a link or make them think they’ve found an inconsistency in your answers.
If you’re asked a yes-no question, for example, answer yes or no as appropriate (this is assuming you’ve spoken with a criminal defense attorney in Philadelphia, PA, and are able to answer that question), but don’t launch into additional explanation or into a story about what you were doing that day. If you’re asked an open-ended question, provide only the relevant information. Again, no extra explanation or detail that isn’t directly relevant.
Being questioned by the police can be scary and frustrating, and you need to be aware of your rights in order to protect yourself. The Law Offices of Richard J. Fuschino Jr. can help you navigate a confusing legal system. Contact us immediately if you’ve been arrested or even questioned about an incident. Legal counsel is essential if you want the best possible outcome in your case.