Talking to Police May Cost You Your Freedom

I am frequently asked whether people should talk to the police if they are being investigated or held for a crime.   Some think that if they are super polite and cooperative with the police that the cops will just decide not to arrest them.  Being polite may help to get out of a speeding ticket, but it usually won’t help you get out of any other more serious crime.  Let’s look at an example.

Let’s say you want to buy some jewelry for your girlfriend for her birthday.  You’re not rich and can’t afford to shop at Tiffany & Co.  Of course, you can’t afford anything at Target either.  But your girlfriend really likes diamonds.  So you decide that you will go to Target and shoplift some jewelry for her.  When you get to Target you find a nice pair of earrings for $350.  You stuff them into your socks.  You also find a necklace on sale for $60 and you put it on around your neck.  You decide that’s enough and you leave the store.  Once you exit the store, some Target employees identify themselves as loss prevention officers and escort you back inside the store in a small room in the back.  They say they saw you steal the necklace.  Cops show up a few minutes later.  You admit to stealing the necklace.  They ask if you stole anything else and you tell them about the earrings in your socks.  They ask you why you came to Target in the first place and you tell them you came here because you wanted to steal some jewelry for your girlfriend as a birthday present.  You tell them you’re a good guy, that you’ve never done anything like this before, and you’ll never do it again.  And you mean it.  They don’t care, so they arrest you on felony burglary charges.  Then you over hear the loss prevention officer say that their cameras are not functioning today, so they don’t have you on video tape.  They just happened to spot you wearing the necklace and that’s how they caught you.  The police then take you into custody to be booked.
After you spoke up, they now have evidence against you that you: 1) entered Target intending to steal jewelry, 2) stole more than one item of jewelry in Target, and 3) the value of the items you stole had a value over $400.  Thus, in California, you are now facing felony grand theft and felony commercial burglary charges.  Each charge can land you in prison.

Had you chosen not to say anything whatsoever to the loss prevention officers or the police, the only evidence they may have had against you was that you tried to take a $60 necklace out of the store without paying for it.  The cop probably would have cited you for petty theft (shoplifting) with a date to appear in court and let you go home.

Things like this happen all the time.  That is why I advise people not to talk to the police if they are being investigated for a crime.  It is best to let a lawyer do your talking for you.  If you or a loved one is arrested, or if you have any questions, do not hesitate to contact a criminal defense lawyer immediately.  If you are in San Diego and need some help, contact me.