Should I Give the Police a Statement?

The Dangers of Speaking with Law Enforcement

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UPDATE: On September 4, 2016, an essay written by Professor James Duane from Reagent Law School in Virginia Beach, Virginia, was published in the local Redding, California newspaper.  This essay discusses the very real danger of false confessions as a result of relentless law enforcement interrogation.  Included in the essay is the following statement by Federal Appellate Court Judge Alex Kozinski (one of the most conservative judges on the Ninth Circuit Court of Appeals): “Innocent interrogation subjects confess with surprising frequency.”

Professor Duane ends his essay with this warning: “The longer you speak to police officers, the more likely it is that you will confess to some crime that you did not commit—isn’t that enough of a reason to avoid speaking to them?”

You can read the entire essay  here.

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Robert worked as a seasonal firefighter in California. When he was not fighting fires, he was an assistant instructor at a mixed martial arts school.  Between both of these activities, he was in extremely good physical shape and felt he could defend himself if necessary.

One day Robert and his girlfriend were out dancing at a night club.  Robert was the designated driver and was not drinking that night.  Towards the end of the evening, Robert and his girlfriend were walking to their car when they were confronted by three men who had obviously been drinking.  One of them started talking about how Robert’s girlfriend refused to dance with him earlier that evening.  This man then stepped forward and started to reach for Robert’s girlfriend.

Fearing for the safety of his girlfriend, Robert stepped between his girlfriend and the aggressor.  The aggressor then started to swing on Robert.  Because of Robert’s training, his reaction to the swing was quick, and Robert struck the aggressor in the face with a quick punch causing him to stagger back.  At this point, the aggressor’s two friends stepped in and attacked Robert.

Robert used his training to defend himself and quickly put all three men down.  Robert’s girlfriend pulled Robert away and said they had to leave right away.  Robert did not want to wait until one or all of these men got back up, so he and his girlfriend left and drove home.  When Robert arrived home, there was several police vehicles waiting for him.

Believing he was the victim, Robert agreed to voluntarily go to the police station tell the police what happened.  Unfortunately for Robert, by the time the investigating officer interviewed him, he had already interviewed the three other men and had concluded that Robert had been the aggressor and started the fight.

When Robert tied to tell the officer what happened, the officer kept interrupting him.  The officer asked Robert if any of the men actually touched his girlfriend at any time during the confrontation.  Robert truthfully told them no.  The officer then asked who landed the first punch, and Robert told them the first man started to punch him, but Robert beat him to the punch because of his martial arts training.  The officer then focused his questions on Robert’s training in marital arts and insinuated it was unfair for a sober black-belt to beat up three intoxicated men who were just mouthing off.

Robert saw how things were going and asked for an attorney, but it was too late.  The officer decided Robert was at fault, arrested him and charged him with felony assault.  The District Attorney agreed and decided to prosecute Robert on those charges.

Fortunately, Robert hired an expert criminal defense attorney familiar with martial arts training and self-defense.  Robert was ultimately found not-guilty at trial.

While it worked out for Robert, he might have been able to get the charges dismissed without the trouble and expense of going to trial if he had done two things.  First, he should have moved to a safe location and called local law enforcement right away.  What many people don’t know, and many law enforcement officers will not tell you, is the first person to call the police in this kind of situation is normally considered to be the “victim” and the other party the aggressor.

The second action Robert should have taken was to refuse to give the police a statement and asked for an attorney.  While some law enforcement officers will take a person into custody when they refuse to give a statement, or even tell you if you will just talk with them, they will get this all straightened out and let you go home, law enforcement officers will try to use your statements to prove the charges against you.  If Robert had refused to give a statement, the police would not have had an “admission” that: (1) no one had touched his girlfriend; (2) that he was the first to strike the other person; and (3) that he was a black belt in martial arts.

If you are looking for an experienced, reliable criminal defense attorney familiar with martial arts training, self-defense, and who will provide you with the best defense available, schedule an appointment on this web site or call to set up a time to meet and discuss your case.

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