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[GRAPHIC: Paul D. Cramm Should I Try To Explain My Situation To The Police?]
PAUL CRAMM: During the course of an investigation and frequently after an arrest has been made, law enforcement will often suggest to someone that they just want that person to be able to provide their side of the story.
Sometimes an office might suggest that the district attorney or even the judge would not be pleased if that person didn't cooperate by answering a few questions.
Occasionally police officers will literally suggest that the refusal to answer questions, which is a constitutional right, may result in additional charges of obstruction of justice.
The Fifth Amendment to the United States Constitution guarantees to each of us the right to be free from making self-incriminating statements in a criminal investigation.
The Sixth Amendment guarantees to each of us the right to be represented by counsel and to have counsel present during any evidentiary questioning or interrogation by police.
These are two of the most important rights we have when it comes to preparing a strong defense against criminal accusations. People need to understand that no good can come from waiving their constitutional rights and agreeing voluntarily to speak with law enforcement during a criminal investigation in hopes of just explaining the situation.
As defense counsel, I cannot begin to express how disconcerting it is to me to represent someone in a criminal case wherein the most compelling evidence and sometimes the only evidence against that person is the statement that they agreed to make following a voluntary waiver of their constitutional right to remain silent.
If there is any advantage at all or any concession to achieve from providing information to the prosecution in a criminal case that advantage or concession is best negotiated by a lawyer.
If you find yourself in a position where law enforcement is questioning you, exercise your Fifth Amendment right to remain silent. Invoke your Sixth Amendment right to counsel.
Preserve every available defense in your case and afford your lawyer every opportunity to defend you aggressively or to negotiate effectively on your behalf.
[GRAPHIC: Paul D. Cramm Attorney at Law 100 East Park Suite 210 Olathe, KS 66061 Cell (913) 645-5925 Office (913) 322-3265 Fax (913) 322-4371 kansascity-criminal-attorney.com]
