Potentially facing criminal charges can be a very stressful time in one’s life – and this is made more so if law enforcement or police are asking you to provide a statement. In the following blog post, The Haggard Law Firm will provide you with some important information regarding what you should and shouldn’t do if asked to provide a statement when potentially facing criminal charges.

Fifth Amendment: You Have The Right To Remain Silent!

If you are called to give a statement by Houston police or law enforcement in it is generally best not to go. However, being asked to give a statement is serious and you should not ignore the investigator’s calls. Return the call and tell and tell the investigator that you are invoking your right to silence under the Fifth Amendment.

It’s important to understand that when you give a statement to law enforcement, they are essentially trying to find evidence to use against you by the prosecution. Even if you are not guilty, they may still try to use what you say against you to obtain a conviction. They will try to wear you down, try to trick you, and use tactics to try to get you to admit to things that you didn’t do. They may even appear friendly. Surprisingly, so long as you consent to speak with them, none of that is against the law. If you willingly talk to law enforcement, the best case scenario is that you have made your attorney’s job more difficult and the worst case is that you may found guilty of a charge you did not commit.

If law enforcement offers you a deal for talking – they are trying to trick you. Only the District Attorney’s Office can offer deals

As long as you inform the investigator that you are invoking your right to remain silent you will have protected your rights if you are charged and in case you do go to trial. If the District Attorney’s office feels that they have enough evidence against you, let them accept charges and have the police issue a warrant. If that happens, you should turn yourself in and post a non-arrest bond. This demonstrates that you are not running from the law and that you are responsible. It also puts you in control as to when you turn yourself in. Specifically, you can choose to turn yourself in on a Sunday as opposed to a Friday. Sunday is the best day to turn yourself in generally. If you do not turn yourself in, you run the risk of being picked up on the warrant either by police coming to your home or job or by getting stopped on a traffic violation. Once you have posted your bond then you will be given your court date. Now is the time to hire an experienced criminal defense attorney to defend you.

If you believe it’s possible that you will be charged with a crime in Houston Texas, Harris County, or surrounding areas, in addition to hiring an attorney you want to begin thinking about evidence. In the following video, Houston Defense Attorney Carl Haggard provides helpful advice on preserving evidence.

Occasionally it is a good idea to talk to police, but only if you bring in an attorney to advise and counsel you during the interview. Sometimes it is even the case with an attorney present that charges will not be brought forth when otherwise they might be. But mostly importantly: follow the standard rule – do not give a statement and invoke your Fifth Amendment Right to remain silent. Let the police issue a warrant and let your attorney speak for you in court.

If you are being asked to give a statement to law enforcement, don’t hesitate to contact Carl Haggard with The Haggard Law Firm today for a free confidential consultation regarding your potential charges. Carl is an ex-Chief District Attorney and knows all of the tricks they might try to use. He has over three decades of experience winning cases for his clients and is ready to fight for you!

The Haggard Law Team