Lara Bracamonte Davila

Doing What Is Right For You

Talking to law enforcement can come back to haunt you

On Behalf of | Jan 21, 2025 | Criminal Defense

Many Texans probably know that they do not have to talk to the police. While the origin of the right to remain silent is in the Constitution, the use of the Miranda warning popularized the concept in American culture.

Still, when the police question them, many people talk to freely, even if they know the police are trying to build up a criminal case against them. They do this for several of reasons.

For example, some people believe that if they talk, they will avoid trouble or, at least, get a break. Others just have been conditioned to cooperate with the police or other authority figures. Police have also developed techniques that serve to pressure people in to confessing.

Generally, it is not advisable to speak with law enforcement about their investigation at all, and certainly not without first consulting with an experienced criminal defense attorney.

The one goal police have in questioning suspects is to get enough evidence to convict them of a crime. Sometimes, they do not have that evidence until a suspect gives it to them in the form of incriminating statements.

Even if a person does not confess, police and prosecutors still frequently interpret what a person says in a way that makes the person look guilty.

You do not have to talk to police, but be sure to tell the truth if you do

Another reason to be extremely cautious about talking with authorities about a case, even if one is not the prime suspect, is that lying to law enforcement is illegal in Texas.

A person who makes any statement that turns out to be incorrect can find themselves accused of lying to authorities, even if the mistake is innocent. In some situations, a person who does not tell the truth to authorities may even wind up facing a felony perjury charge.

On the other hand, Texas investigators are usually allowed to lie to and deceive suspects during an interrogation.

Rockwall County and the surrounding parts of the greater Dallas area should make sure they understand their rights and obligations if law enforcement authorities contact them.