Talking to police without a lawyer makes criminal charges worse

Most people in Roseville know that if they are arrested they have the right to remain silent. Many of them also know that they have the right to an attorney and that one can be appointed for them if they can’t afford one. With the number of police shows on television these days, it is surprising that someone wouldn’t know their Miranda rights. Even if they know and understand them, however, there are a number of people who waive their rights and talk to police without ever thinking about the consequences.

That is what one man did after he was arrested on a bevy of charges. The man was arrested after an apparent police chase and robbery, which means that he was already facing very serious consequences, yet that did not stop him from talking to police and making things worse. When police were booking the man, he admitted to using coccaine, which means he will now face drug charges that he might not have otherwise had to tackle.

It is unclear if the man told this to police because he thought it might clear him of some of the charges he was otherwise facing or if police pressured it out of him. What the man should have done, however, is talk with his criminal defense lawyer before ever making a statement to police.

When police say, “What you say can and will be used against you in a court of law,” they mean it. Prosecutors will take everything you say and twist it to show your guilt, which is why it is so important to refuse to say anything until after talking with your own lawyer.

Source: 5 Eyewitness News, “Suspect in Monticello Crash Admits to Cocaine Use,” Scott Theisen, July 24, 2013

Max Keller has won countless jury trial cases involving misdemeanors and felonies, sex crimes, and DWI’s. He is a member of the Minnesota Society for Criminal Justice, which only allows the top 50 criminal defense attorneys in the state as members. Max is a frequent speaker at CLE’s and is often asked for advice by other defense attorneys across Minnesota.

Years of Experience: Approx. 20 years
Minnesota Registration Status: Active
Bar & Court Admissions: State of Minnesota Minnesota State Court Minnesota Federal Court 8th Circuit Federal Court of Appeals State of Maryland

What to Do If You Have Been Charged with a Criminal Offense

You may need to hire a criminal defense lawyer even if you have not been charged. A criminal defense lawyer protects your rights when law enforcement officers are investigating you for a crime. Without a lawyer, you might say something that could be incriminating or misconstrued. Your lawyer can engage with the police or the prosecutors and provide evidence that prevents them from filing formal charges. Your lawyer can also go through your case and prepare a defense strategy if there is a possibility of you getting charged.
People arrested or charged with a crime may wonder, “How long do I have to get a criminal lawyer?” There is no strict deadline to hire a criminal lawyer in Minnesota. However, it’s advisable to hire one immediately if you get arrested, charged, or are under investigation for a crime. Getting legal representation on time protects you from making mistakes that can compromise your case. It also allows your lawyer to build a solid defense strategy that can increase your likelihood of getting a positive outcome from your case.
Continuance is what a court grants to delay proceedings. The parties in a criminal case (the prosecution and defense teams) may agree to a continuance to get more time to prepare for the proceedings. There are many reasons that push your defense lawyer in Minnesota to seek a continuance. A good example is when the other party presents surprise witnesses or evidence, requiring more time to work on a new defense. You can also request a continuance if you want to replace your lawyer, especially if you feel you are not getting sufficient representation.