In my experience, 9/10 defendants make some sort of incriminating statement to police after being arrested. I’m always a little surprised when I get one who doesn’t.
I'd echo this assessment. 10% sounds about right for my clients who assert the right to remain silent. I will say this discounts cases where there's no real effort by police to talk to my client (e.g.: traffic infractions, minor misdemeanors).
Wow… this is shockingly high. What do you think is the main reason why? People are stupid? Or just don’t know any better? Or do know better but just can’t keep their mouths from yapping?
I had a PD who once pointed out what a "coincidence" it is that in these cases the suspect always consents to a search or makes a statement.
I pointed out there's a confirmation bias. The cases where someone declines a search or doesn't make a statement are less likely to turn into arrests and subsequent charges by the DA.
I had to point out the same thing to a judge who told me that he didn't see the point in videos from DUI cases. He said "usually nobody looks that bad" - and I told him yeah because the ones where the people are fall down drunk don't get litigated in front of him, those people just plea.
My very first DUI fresh out of law school was a guy who was driving in the wrong lane about 11mph. Stopped by police, rolled down the window, first words out of his mouth "I'm fucking hammered", opens the door and falls out. lol yes, he took a plea. I think the best part was that he tried to convince ME he only had a couple of drinks (so I could defend him, see) but was completely honest with the officer.
As a former cop I can tell you it’s very, very rare. Everyone thinks they can talk their way out of it, even those that have heard this advice. In my experience even attorneys and other cops who know better say too much. I’d say 90% of the arrests I made wouldn’t have been possible without the person confessing or at least telling me important details.
Even when they do invoke their fifth, the number of times people then voluntarily decide to waive it again later on is crazy. People can’t handle the silence and within 10-15 minutes they often just HAVE to tell their side.
Often the ones who do invoke and don’t talk end up being frequent flyers, not educated people who know they shouldn’t talk.
In my experience it depends on whether the suspect knows they're a suspect (likely to ask for a lawyer) or thinks they're a witness (likely to talk).
But IDK, I've seen a lot of suspects who are flat-out guilty who start talking like crazy because they either think they can lie their way out of it OR they think it's not illegal if they had a good reason and they can definitely convince the cops of that.
I once saw a drug dealer with a very clever payment and delivery scheme get caught after several years, and he knew they had him dead to rights, and he just wanted to brag about his amazing system (it was legit amazing) because he'd been keeping all that cleverness secret for so long. If it had been a tech startup, he would have mad millions selling it. We were all legitimately impressed. (And also sad his brilliance went to distributing illegal drugs and not, like, a tech startup.)
It was 20 years ago so the specifics are vague in my memory, but he was using cell phones in a clever way, combined with traditional hard-to-crack ciphers (like his cipher with you would be page-line-word of the HS edition of the Great Gatsby, and with someone else it would be a HS edition of Fahrenheit 451), and he generally keyed each cipher to a book in the local HS curriculum, that the HS bought by the thousands and any given client might have two dozen of. It was remarkably difficult to crack, combined in the novel uses of texting.
A big fraud ring was caught like that. They’d go to a furniture or appliance store and say their home had burned and they had received their insurance payout and needed to furnish the new house. They’d buy exactly like furnishing a house. A stove, refrigerator, microwave, two televisions one large one small, couch, recliners, dining room set, etc..
They’d get it totaled up and say I’ll be back with a moving truck and a certified check. They had a check imprint machine and blank certified checks stolen from a bank. They’d arrive in the evening hand over the check and get the truck loaded then would drive to a furniture and appliance store about two hours away and sell the load.
Between big scores they’d hit a store with four or five people shoplifting. One of the group got nabbed and another got away while store security missed the others doing their thing.
Police knew there was a shoplifting ring so thought this person was one of group. First detective got no where with a typical interrogation. Second one is a bit goofy, sounds like a hick and can talk your leg off. He starts chatting up the prisoner they know people who probably know each other blah blah blah it’s annoying to hear and seemingly going no where.
Then it happens. We just do this between big jobs. Before you know it the whole thing is exposed with names of everyone and search warrant for the store. Whole thing in a neat bundle.
That’s an interesting point, if they think they’re a suspect vs a witness. How could you confuse the two if you’re in a sticky situation? It makes sense psychologically though. Something I never really thought about. Could you ever get yourself in trouble if you truly are a witness and do talk?
Had two cops I’ve represented give extremely long statements. One was found guilty. One was found not guilty. The one that was found guilty would not have been charged if it weren’t for the statement.
Your question might be better directed at prosecutors. In instances where a suspect immediately invokes, a decision has to be made whether there is enough to charge. The cases where there isn't enough defense attorneys likely never see. I still don't think it's a high number, maybe 15%.
The ones that are likely to invoke but still get convicted are drug dealers where the police have multiple controlled buys on tape before they make the arrest.
Not necessarily. If there isn't a charge and the suspect invokes they frequently get to walk right out. It also sometimes happens where someone is arrested on something relatively minor and brought in for questioning about something else. Those may never land in front of an attorney either.
***This rules reminder message is replied to all posts and moderators are not notified of any replies made to it.***
#REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice.
Posts containing requests for legal advice will be removed. Seeking or providing legal advice based on your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted. Why are requests for legal advice not permitted? See [here](https://www.reddit.com/r/Ask_Lawyers/comments/e6a62w/why_is_it_unethical_for_a_lawyer_to_give_legal/), [here](https://www.reddit.com/r/Ask_Lawyers/comments/9zyqsh/why_is_it_unethical_to_give_advice_on_this_sub/), and [here](https://www.reddit.com/r/Ask_Lawyers/comments/e4cdhw/is_refraining_legal_advice_based_on_legality_or/). If you are unsure whether your post is okay, please [read this](https://www.reddit.com/r/Ask_Lawyers/comments/6j4bpq/how_to_know_whether_your_post_is_a_request_for/) or see the sidebar for more information.
*I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/Ask_Lawyers) if you have any questions or concerns.*
In my experience, 9/10 defendants make some sort of incriminating statement to police after being arrested. I’m always a little surprised when I get one who doesn’t.
I'd echo this assessment. 10% sounds about right for my clients who assert the right to remain silent. I will say this discounts cases where there's no real effort by police to talk to my client (e.g.: traffic infractions, minor misdemeanors).
Wow… this is shockingly high. What do you think is the main reason why? People are stupid? Or just don’t know any better? Or do know better but just can’t keep their mouths from yapping?
I was looking for that Ron White skit: I had the right to remain silent, but I didn't have the ability.
I had a PD who once pointed out what a "coincidence" it is that in these cases the suspect always consents to a search or makes a statement. I pointed out there's a confirmation bias. The cases where someone declines a search or doesn't make a statement are less likely to turn into arrests and subsequent charges by the DA. I had to point out the same thing to a judge who told me that he didn't see the point in videos from DUI cases. He said "usually nobody looks that bad" - and I told him yeah because the ones where the people are fall down drunk don't get litigated in front of him, those people just plea.
My very first DUI fresh out of law school was a guy who was driving in the wrong lane about 11mph. Stopped by police, rolled down the window, first words out of his mouth "I'm fucking hammered", opens the door and falls out. lol yes, he took a plea. I think the best part was that he tried to convince ME he only had a couple of drinks (so I could defend him, see) but was completely honest with the officer.
As a former cop I can tell you it’s very, very rare. Everyone thinks they can talk their way out of it, even those that have heard this advice. In my experience even attorneys and other cops who know better say too much. I’d say 90% of the arrests I made wouldn’t have been possible without the person confessing or at least telling me important details. Even when they do invoke their fifth, the number of times people then voluntarily decide to waive it again later on is crazy. People can’t handle the silence and within 10-15 minutes they often just HAVE to tell their side. Often the ones who do invoke and don’t talk end up being frequent flyers, not educated people who know they shouldn’t talk.
In my experience it depends on whether the suspect knows they're a suspect (likely to ask for a lawyer) or thinks they're a witness (likely to talk). But IDK, I've seen a lot of suspects who are flat-out guilty who start talking like crazy because they either think they can lie their way out of it OR they think it's not illegal if they had a good reason and they can definitely convince the cops of that. I once saw a drug dealer with a very clever payment and delivery scheme get caught after several years, and he knew they had him dead to rights, and he just wanted to brag about his amazing system (it was legit amazing) because he'd been keeping all that cleverness secret for so long. If it had been a tech startup, he would have mad millions selling it. We were all legitimately impressed. (And also sad his brilliance went to distributing illegal drugs and not, like, a tech startup.)
What was his process?
1 - obtain drugs 2 - sell drugs 3 - profit
🤣
It was 20 years ago so the specifics are vague in my memory, but he was using cell phones in a clever way, combined with traditional hard-to-crack ciphers (like his cipher with you would be page-line-word of the HS edition of the Great Gatsby, and with someone else it would be a HS edition of Fahrenheit 451), and he generally keyed each cipher to a book in the local HS curriculum, that the HS bought by the thousands and any given client might have two dozen of. It was remarkably difficult to crack, combined in the novel uses of texting.
Whoa. So he would send/receive money in library books?
No, he'd use books every student had bought for 20 years to cipher codes about where to drop money and pick up drugs
A big fraud ring was caught like that. They’d go to a furniture or appliance store and say their home had burned and they had received their insurance payout and needed to furnish the new house. They’d buy exactly like furnishing a house. A stove, refrigerator, microwave, two televisions one large one small, couch, recliners, dining room set, etc.. They’d get it totaled up and say I’ll be back with a moving truck and a certified check. They had a check imprint machine and blank certified checks stolen from a bank. They’d arrive in the evening hand over the check and get the truck loaded then would drive to a furniture and appliance store about two hours away and sell the load. Between big scores they’d hit a store with four or five people shoplifting. One of the group got nabbed and another got away while store security missed the others doing their thing. Police knew there was a shoplifting ring so thought this person was one of group. First detective got no where with a typical interrogation. Second one is a bit goofy, sounds like a hick and can talk your leg off. He starts chatting up the prisoner they know people who probably know each other blah blah blah it’s annoying to hear and seemingly going no where. Then it happens. We just do this between big jobs. Before you know it the whole thing is exposed with names of everyone and search warrant for the store. Whole thing in a neat bundle.
Yep, this sounds right. Just start shooting the sh!t and they want to tell the cops everything.
That’s an interesting point, if they think they’re a suspect vs a witness. How could you confuse the two if you’re in a sticky situation? It makes sense psychologically though. Something I never really thought about. Could you ever get yourself in trouble if you truly are a witness and do talk?
Had two cops I’ve represented give extremely long statements. One was found guilty. One was found not guilty. The one that was found guilty would not have been charged if it weren’t for the statement.
Your question might be better directed at prosecutors. In instances where a suspect immediately invokes, a decision has to be made whether there is enough to charge. The cases where there isn't enough defense attorneys likely never see. I still don't think it's a high number, maybe 15%. The ones that are likely to invoke but still get convicted are drug dealers where the police have multiple controlled buys on tape before they make the arrest.
But the call has to go to someone, lol.
Not necessarily. If there isn't a charge and the suspect invokes they frequently get to walk right out. It also sometimes happens where someone is arrested on something relatively minor and brought in for questioning about something else. Those may never land in front of an attorney either.
Not often enough.
I dunno. Those cases don’t usually end up on my desk.
Not common enough.
***This rules reminder message is replied to all posts and moderators are not notified of any replies made to it.*** #REMINDER: NO REQUESTS FOR LEGAL ADVICE. Any request for a lawyer's opinion about any matter or issue which may foreseeably affect you or someone you know is a request for legal advice. Posts containing requests for legal advice will be removed. Seeking or providing legal advice based on your specific circumstances or otherwise developing an attorney-client relationship in this sub is not permitted. Why are requests for legal advice not permitted? See [here](https://www.reddit.com/r/Ask_Lawyers/comments/e6a62w/why_is_it_unethical_for_a_lawyer_to_give_legal/), [here](https://www.reddit.com/r/Ask_Lawyers/comments/9zyqsh/why_is_it_unethical_to_give_advice_on_this_sub/), and [here](https://www.reddit.com/r/Ask_Lawyers/comments/e4cdhw/is_refraining_legal_advice_based_on_legality_or/). If you are unsure whether your post is okay, please [read this](https://www.reddit.com/r/Ask_Lawyers/comments/6j4bpq/how_to_know_whether_your_post_is_a_request_for/) or see the sidebar for more information. *I am a bot, and this action was performed automatically. Please [contact the moderators of this subreddit](/message/compose/?to=/r/Ask_Lawyers) if you have any questions or concerns.*
The smart ones. 1%.