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| THE SHIELD [Glen Close, Michael Chiklis, Anthony Anderson] {image courtesy of content.time.com} |
TALKING TO THE POLICE...AND THE DOWNSIDE IN A DWI CASE
In every single interaction with the police...you must think about this very famous phrase in our American culture... "anything you SAY can and will be used against you in a court of law."
That statement is TRUE.
But wait -- I thought there was something in the law called "Hearsay" ? And isn't Hearsay supposed to be bad???
HEARSAY -- is defined as ANY out of court statement that is offered into evidence to prove the TRUTH of what is being offered.
That is pretty easy to understand --what makes the law of Hearsay complicated are the EXCEPTIONS to that rule...
In the case of speaking to the police, anything you say is considered an ADMISSION BY A PARTY to the case.
And ADMISSIONS are generally admissible into evidence. So what does this all mean?
In a DWI case...
If the police officer asks you "how much have you had to drink?" and you respond (as everybody does): "Two beers."
You have just admitted to consuming alcohol and your statements are admissible in the case against you.
The judge or jury WILL BE ALLOWED TO HEAR those statements you made -- and they can come back to bite you in the criminal case.
BOTTOM LINE:
Before you say anything to a police officer, bear in mind that those words may come back to hurt you in a case they're trying to make against you.
BY: Attorney Mike Cyr
P: 607-229-5184
Twitter: @ithacadwi
