Your right to remain silent plays a significant role when it comes to interacting with police, but it’s not quite the whole picture. When can you assert that right? Is it always the best strategy? What about situations where you aren’t under threat of arrest?
Your criminal defense attorney can handle these issues once you’ve chosen one. Until then, what should you do?
Silence Is Better Than Lying
Saying nothing is specifically protected in many instances. Saying something untrue is not protected. It’s always better to stay silent than to say something that isn’t true!
When you choose silence as your response, be consistent. Remain silent. Wait until you’ve had a chance to speak with your lawyer to make any statement at all.
Situations Where You Have To Speak
This is a tricky area. Texas law includes a Failure to Identify (Section 38.02) law that requires someone who has been lawfully arrested to provide their name, address or date of birth when requested by a peace officer.
It also makes it a crime to give a false answer to those questions if you’ve been lawfully detained. The same is true if the officer has good cause to believe you witnessed a crime.
There are also provisions regarding drivers. If you’re a driver who’s been detained for an alleged offense, such as a DWI, you must show the officer your license when requested. If you don’t or can’t, you must give your name, address, date of birth, or driver’s license number.
At a traffic stop, hand over your license and proof of insurance when asked. But don’t answer questions about your driving, your destination or anything else.
Violations of the Failure to Identify law are punishable as misdemeanors.
Be Polite in Silence or in Speech
Silence is your right and is almost always the right choice. But whether you remain silent or choose to speak, it’s best to be polite and calm around police officers.
Getting pulled over or arrested is incredibly stressful. It’s easy to be overwhelmed, angry, scared or frustrated. It’s important to try to stay calm and wait for your attorney to help you.
It’s also important to remember that even if the situation got away from you in the beginning, you can stop talking at any point. If you’ve made statements in anger or fear, you can still assert your right to remain silent once you’ve calmed down. The less you say without an attorney present, the better off you’ll be.
Police Can Lie to You
While you’re not allowed to lie to police, the reverse is not true. Police officers can lie about the evidence against you. They can lie about what they saw. They can lie about what will happen to you if you just start talking to them. When the police tell you you’ll be better off talking to them, that is not the truth.
Contact a Texas Criminal Defense Attorney Immediately
Exercise your right to remain silent. Wait until you’ve spoken to your attorney before making any statement to the police. Call Lee & Wood, GP today at 817-678-6771 or contact us online.