I was falsely accused of rape and the police just called to question me – should I talk to them? This is a call we receive quite often because it is our client’s first instinct to cooperate with the police when they know they have been falsely accused of a crime, especially one of a sexual nature. However, talking to the police without retaining an experienced criminal defense attorney could lead to disastrous results later.
Anything you say to the police can be used against you if charges are formally filed. You have a legally protected right to remain silent when police want to question you regarding an ongoing investigation. If the police call you or come to your house to investigate, do not panic. Do not speak to the police regarding the alleged crime or even try to explain your innocence. Simply remain silent and tell them that your attorney will be in contact. Don’t get tricked by the police. Most people do not realize the police can lie to you to obtain a confession. They may say things like “We have you on video” or “We have a taped conversation of you admitting it.” Do not fall for this trick. Remember, if the police had solid evidence against you, they would just arrest you and not need a confession. Additionally, is also important to not discuss the potential charges with family members or friends. Anything you tell them could also be later used against you if the prosecutor chooses to call them as a witness during trial. Continue reading