ARENA LAW FIRM

If you are being investigated or think you are being investigated, 19 out of 20 times you are better off not talking to the Law Enforcement Officer without first consulting with an attorney.  We recommend that you tell the Officer that you would be happy to answer his questions after you speak with your lawyer. 

If you are being investigated, you have a Right to Remain Silent that is guaranteed to you by the Fifth Amendment to the Constitution of the United States of America. 

There are many reasons why it is not wise to speak with Law Enforcement Officers at this time, including the following:

• You might end up confessing to the crime or to an important element of the crime.  Because you are not a Criminal Defense Attorney, you probably do not know all of the elements the State Attorney needs to prove for you to be found guilty of a crime.  Sometimes it is the simplest admission that allows the State Attorney to prove a case.
• You might be tricked into admitting something that you should not have admitted.  Law Enforcement Officers think it is acceptable to lie to you about certain facts to get you to admit that you are guilty or to get you to confess to a crime.  A Law Enforcement Officer will tell you that your friend already confessed that you and the friend committed the crime and that you were the person who really did all of the bad things.  In order to defend yourself, you might react by admitting that you did it but that the friend was really the bad guy. When you find out that you were the idiot, because your friend did not talk to the Law Enforcement Officer, you finally realize that you should have kept your mouth shut.
• The Law Enforcement Officer might hear one thing while you meant something entirely different.  You can be sure he or she will document it in their police report the way they heard it and not the way you meant it.  By the way, the Jury will usually believe the Law Enforcement Officer’s version, and not yours.
• If the Law Enforcement Officer tries to make a deal with you by telling you that he or the Prosecutor will go easy on you if you confess to the crime or cooperate with the investigation, it is important for you to know that the Law Enforcement Officer cannot make an agreement with you that is binding on the State Attorney.  Additionally, if the Law Enforcement Officer later says that he never made that agreement with you, you will have not way of proving the Law Enforcement Officer promised you something for your cooperation.  Interestingly, Law Enforcement Officers rarely lie to Criminal Defense Attorneys. 

One out of 20 times it is smart to talk to a Law Enforcement Officer even though you are under investigation.  Unfortunately, you might not have enough experience to determine it whether your investigation is that time.  That is why you need to call a Criminal Defense Attorney to explain your situation.  Tampa Criminal Defense Attorney, Anthony S. Arena, will be able to let you know if it is in your best interests to tell your story at that time.  Usually, the Law Enforcement Officer will be willing to listen to your story even after you have called your lawyer.