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Should I Admit My Role In Criminal Activity?

The general answer is No and I will often counsel clients to not make any statements to police without first discussing with an attorney. Police and other investigators throughout Kentucky and Ohio regularly use persuasion to attempt to convince criminal defendants to make statements regarding the alleged criminal activity. Unfortunately, there are two problems: (1) Once you give a statement, it can and will be used against you in a court of law. If you lie, the lie will be used against you to prove that you cannot be trusted. If they or the jury thinks you are lying about even the smallest thing, it will be hard for them to believe anything that you say. (2) The police do not have authority to promise outcomes. Police will often tell a defendant that if he/she cooperates, that certain results will be forthcoming. They may tell the defendant that he will not be arrested, will avoid indictment or stay out of jail. They do not have the authority. This requires the consent of the prosecution. The police may make a recommendation to the prosecutor, but the prosecutor is not required to follow the recommendation of the officer. Further, the court is not required to follow the recommendation of the prosecutor unless there is a negotiated plea deal. The important thing to remember is to involve an attorney at your earliest opportunity. Listen to your attorney. A defendant is not entitled to a public defender until requested and appointed by the Judge. Most often, this is only after the investigation is complete, a charge and/or indictment is made and the defendant has appeared in Court. Hiring an attorney during the investigation stage may be critical in avoiding making an admission that can cost an effective defense. If you believe that you are under investigation and have questions, contact Michael W. Bouldin for a consultation in Ohio or Kentucky. To schedule a consultation, call or email at 859-581-6453 (581-MIKE) or [email protected]

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