Interviewer: Are there any common mistakes people make when they are in the middle of a drug case that hurts their case?
It Is Always Advisable to Exercise Your Right to Remain Silent
Court Koehler: The biggest mistakes one can make are primarily during the police investigation. You see the same kinds of mistakes that you do with DUIs, which is as in any crime really when an officer is investigating. The most common mistakes that people make are to answer the police officers questions.
We have the right to remain silent for a reason and it is definitely best in every case to always use that right. You don’t have to answer questions about what you are doing. The state and the police officer and the prosecutors have the burden to prove those things. You don’t have to incriminate yourself.
Avoid Trying to Talk Your Way Out of an Arrest
The most common mistake by far is people trying to reason with an officer by saying, “Well, you know, it is just this one time or I just had this little bit or I was just going here and I had it, it was not mine, it was a friend’s marijuana.”
The Police Are Not Looking to Make New Friends; They Are Looking to Fulfill the Responsibilities of Their Position
Any of those sorts of statements can come back to haunt you almost every time. The officer is going to hear it in the context that is much different from the way that you are saying it. It tends to happen that way and they are not generally interested in going easy on you. They are just not.
Every Statement You Make to the Police Is Providing Evidence to Justify an Arrest
Talking to police officers about drug offenses is simply not a good idea. They are not going to look the other way and they are not going to be nice about it. They are going to arrest you if they can. Most definitely, I would always recommend exercising your right to remain silent.