We Don't Talk to Strangers, So Why Do We Talk to the Police?

The United States and Georgia’s Constitutions guarantee the right against self-incrimination. Commonly known as the right to remain silent, it is the legal protection that says a person doesn’t have to talk to a police officer.

Many people, even when advised of their Miranda rights, which include the right to remain silent, go ahead and talk to the police anyway. Often people believe if they talk to the police they can avoid arrest. Other people think it will get the cops to listen to them and believe them when they explain their circumstances. Still other people are just afraid of officers and think they have to tell the cops something.

The famous Miranda warnings, contrary to popular belief, only have to be given by police when a person is in law enforcement custody and are being questioned. They do not have to be given when a person is just arrested. So most people who are arrested are never given Miranda.

The Miranda warning includes the advisement, “Anything you say can and will be used against you in a court of law.” So, why do people believe their statements will be used by the State to help show they did not commit a crime?

Even in cases where a defendant was ultimately found to be innocent of their crimes, their statements were used against them at trial. Often, cops use the statement to show that a person is lying, or that the facts do not add up.

No one ever has to talk to the police. “Silence is golden,” as the old song goes.

**This blog post is informational only. It does not constitute legal advice, and it does not create an attorney-client relationship. As with all legal matters, you should consult with an attorney for advice on your particular case.