Should I Make a Statement to Law Enforcement?
Criminal Defense Topics
Law Enforcement Statements in Criminal Cases
The statements of law enforcement personnel can play a significant role in the strength of a prosecutors case to convict. From the official police report, conversations between police and prosecutors, and testimony in court their words carry weight.
A critical part of a criminal defense strategy is examining, dissecting, and finding problems in what the police present as evidence. Regarding what the police say, their words can be divided between fact and opinion. Facts leave little room to fight the veracity of the statements. Opinion statements are where a good defense lawyer can often shatter the prosecutions case.
Their Word Is Not the Fnal Say
The Police Report
A police report is the core supporting element of the criminal case. Police reports often have incomplete information, incorrect information, and may include biased opinions. It is common that details that may help the accused are not included in the police report. Certainly, there will be no mention of improper police conduct, flawed procedures, or illegal acts committed by the police. Your defense lawyer will obtain all evidence the prosecution may use, and examine it to find flaws in the prosecutions case.
Biased Communications Between Police and Prosecutors
Criminal arrest cases are referred to the prosecutors office for consideration of filing formal charges. This is often a prime time for your defense lawyer to intervene and act to have the case dismissed or reduced. The prosecutor may contact the police to discuss the case and get more information than what is on the written police report. The arresting officer may try to sell the arrest to the prosecutor as good bust.
Police Testimony Under Oath
If the prosecutor's office decides to push a criminal case into court the officer will probably be called to testify. Again, the officer will attempt to sell their side of the story to the judge or jury. Your criminal defense lawyer will have the opportunity to cross-examine the witness to identify errors, omissions, and untruths.
If you have been arrested or charged with a crime you should hire a defense lawyer as soon as possible. We invite you to contact us at 770-956-1400 to arrange time to meet with a defense lawyer. The time you spend with us could be a game-changer for your situation.