After a shoplifting arrest in Georgia, you might feel tempted to explain yourself. But is speaking with police officers really a good idea in the immediate aftermath of your alleged offense? This is something you might want to consider carefully, especially if you’re serious about defending yourself effectively. Consider a conversation with a defense attorney as soon as possible.
Anything You Say Can Be Used Against You in a Court of Law
When police arrest you, they must inform you of your rights. This is called a “Miranda Warning.” One of the most important parts of the Miranda Warning goes something like this: “You have the right to remain silent. Anything you say can and will be used against you in a court of law.”
What do these sentences actually mean? Effectively, the officer is warning you about the dangers of making self-incriminating comments. Your statements are likely being recorded by body cams from the moment police begin interacting with you. This footage can be replayed by prosecutors in court, and police can testify about what you said during the arrest.
What if I am Just Trying to Explain Myself?
Perhaps you simply forgot to pay for an item, and your “crime” was just an honest mistake. Maybe you’re facing arrest due to a case of mistaken identity, and your only offense was looking too similar to the real criminal. Maybe your arrest was purely caused by racial profiling. Whatever the case may be, you might want to explain your situation to officers. But is this really a good idea?
Most lawyers will tell you that the answer is “no.” In almost all situations, it makes more sense to simply exercise your right to remain silent and wait for an opportunity to speak with a lawyer. The Fifth Amendment states that the court cannot interpret your silence as a sign of guilt.
It is also very easy to make self-incriminating comments without realizing it. In the heat of the moment, you might say all kinds of things that you’ll regret later. The more you say, the more “ammo” you give prosecutors and the authorities.
You Can Speak Freely With Your Lawyer
It makes more sense to explain yourself in private with your lawyer present. If you want to admit that you committed the offense, you can do so with your lawyer. They cannot report your admissions to the authorities due to a strict rule called the “attorney-client privilege.”
Can a Shoplifting Defense Attorney in Georgia Help Me?
All kinds of people shoplift in Georgia, and many face false allegations of these crimes. In the case of a misunderstanding or mistaken identity, you might want to explain yourself to police officers or security guards. However, your statements could be used against you by the authorities at a later date. In many cases, it might be best to wait until you have a chance to speak with a shoplifting defense attorney in Georgia. Contact Lankford & Moore Law today for further guidance.
