Being arrested and charged with a crime is a very big deal. Many people accused of a crime discuss their case with family members, friends, co-workers, and even strangers. With certain important exceptions, conversations and other communications such as text messages, email messages, and voice mail messages, between you and family members and friends are NOT privileged or confidential. As such, when a person discusses their case with a large number of people they sometimes create evidence that leads to a conviction.
Investigators, police, and assistant district attorneys may contact your family members and friends as part of their investigation. Among other things, the investigator my ask these people what you told them about your case. Frequently, friends, family members, and others provide investigators with information and evidence that can lead to a conviction. In addition, with few exceptions, when you discuss your case with another person, that person becomes a potential trial witness who may be called to testify against you at trial.
It can be difficult to tell a story the exact same way twice. The more people you talk to about your case, the more versions of your story you put out there. Inconsistent versions of the incident that led to you being charged with a crime, may create an impression that you “can’t keep your story straight.” At trial, attorneys frequently use “prior inconsistent statements,” to attack a witness’s credibility.
In short, whether you have been charged with DWI, drug possession, shoplifting, or murder, if you talk to others about your case, you may be creating evidence that will lead to your conviction. To learn more about this subject, contact the D’Amore Law Firm to schedule an appointment with Tom D’Amore. In the meantime don’t forget, “Loose Lips Sink Ships.”
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Posted By Criminal Defense Review on July 27, 2010 03:04 pm | Permalink  |