How to Avoid Being Prosecuted for a Crime By Your Own Words

Posted by Raymond Kimble | Aug 15, 2016 | 0 Comments

The Usefulness of Confessions

Undoubtedly, your own words are perhaps the strongest evidence the police or prosecutor may have when you find yourself arrested and charged with a crime.  Many times, people feel that if they are "cooperative," they will be treated better by police officers, detective and prosecutors.  Unfortunately however, this is not the case.  Rather, a person's own statements concerning their involvement in criminal activity are often used to strengthen an otherwise weak case.  Confessions and incriminating statements can make up for questionable identifications, a lack of physical evidence and uncooperative or incredible witnesses.  

The 5th Amendment

Everyone has heard of their "Miranda" Rights.  That is the warnings police must give you after you have been detained or arrested and are about to be questioned.  These include:

  • the right to remain silent
  • the right to the assistance of an attorney
  • a warning that anything can you say may be used against you 
  • an advisement that if you can't afford an attorney, one will  be appointed to represent you.  

Perhaps the most important of these warnings at the time of an arrest is the right to remain silent and notice that anything you say can be used against you in court.  You should take these warnings seriously.  Specifically, if you have been detained or arrested, politely advise investigators that you do not wish to answer any questions until contacting an attorney.

Did You Voluntarily Waive Your Miranda Rights?

If you have ignored your "Miranda Warnings", cooperated with police and now find your statements being used against you in a criminal prosecution, a question will remain about whether you voluntarily relinquished your right to remain silent.  Police are permitted to trick or deceive you into making statements such as by playing "good cop, bad cop," lying about information they have, etc.  However, there are certain circumstances where information you provided can be kept from being used against you.  These include situations where:

  • you may have been too drunk or high to understand your Miranda rights
  • your will may have been overcome by prolonged questioning, a denial of food, water or sleep
  • you may not have been in your right frame of mind due to an injury, hospital treatment, etc.
  • mental illness or intelligence issues cause a misunderstanding or your rights
  • police promise or imply a benefit in exchange for your cooperation

An experienced criminal defense attorney must recognize these issues and argue that your confession or statements should be suppressed.

Assert Your Rights

Again, a person's own statements are usually the strongest evidence police may have when deciding to charge someone with a crime.  Consequently, if you have been detained or arrested and subject to police interrogation, you should politely decline to answer any questions and ask to speak with a lawyer as soon as possible

If you have been charged with a crime in Arizona, contact my office at (480) 833-8613  for a free and immediate consultation.  I have represented thousands of individuals during the last twenty years who have been charged with offenses ranging from DUI and drug offenses to aggravated assault and homicide.  I have also conducted a number of jury trials in the city, justice and superior courts throughout Maricopa County.

About the Author

Raymond Kimble

About Raymond Kimble Attorney Raymond Kimble has built his law practice on the philosophy that each client deserves consistent individual attention. Ray realizes that being charged with a DUI or criminal offense is one of the most stressful events in a person's life. A DUI, felony or misdemeanor arrest can involve prison or jail time, probation, huge fines and a criminal record. Consequently, people who face DUI, felony or misdemeanor charges in Arizona are placed at risk of losing employment or being barred from future job opportunities. Ray works to lessen his client's anxiety by ensuring that they have direct access to him at all times and can reach him by e-mail, cell phone or text during normal business hours as well as nights or weekends if they have a pressing question or concern. Raymond Kimble is a dedicated DUI and criminal defense lawyer who has built a reputation of working tirelessly to protect his client's constitutional rights, their future and liberty. Ray strives to provide the strongest defense possible for each client despite the obstacles they may face. Put Experience to Work for You Raymond Kimble's twenty years of experience with respect to DUI, misdemeanor and felony criminal charges extends well beyond law school where he graduated within the top ten percent of his class. Ray was a police officer for ten years prior to becoming an attorney. As a police officer, Ray was trained in both DUI and criminal investigation and his personal involvement in criminal cases while a police officer certainly gives him a unique perspective when reviewing police reports, interviewing witnesses and challenging physical evidence. Ray often identifies legal issues or mistakes made by police during an investigation through his own personal experience as a patrol officer. In addition to his police experience, Raymond Kimble worked as a prosecutor with the Maricopa County Attorney's Office where he was responsible for prosecuting DUI, felony and misdemeanor crimes. During his tenure as a prosecutor, Ray conducted a number of jury trials and hearings related to the admissibility of evidence. Through his involvement with these cases as a prosecutor, Ray learned how to properly evaluate the strength and weaknesses of a DUI, misdemeanor or felony charge and became skilled in jury selection, argument, and the direct and cross examination of both civilian witnesses, experts and police officers. Of course, Raymond Kimble's expertise extends beyond his experience as a police officer and prosecutor. Specifically, Ray has successfully represented thousands of people during the last fifteen years throughout Maricopa County, Arizona. To best serve his Clients, Raymond remains current on changes in the law as well as police tactics by regularly attending seminars focused on defending criminal charges and reading the latest articles and books related to DUI and criminal defense. Ray also regularly writes criminal defense blogs and posts so that people faced with a criminal charge are better informed about their rights.


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