No, not really. In fact this defendant, accused of a sexual assault in Alabama found that out the hard way. Things like this blow my mind. How many times does one have to see on TV or be told that talking to the police about your case doesn’t help unless it occurs in regulated circumstances. Generally in State court the police will do their best to coax an admission out of a person or “ask” to search them or their vehicle and commonly people oblige being none the wiser. From simple driving while license suspended charges all the way up to sexual assault, people sing like songbirds and it generally devastates them. If you don’t talk you can’t give additional information that could doom you. Plain and simple, period. If a cop has to “ask” to search you, your vehicle, or your house prior to arrest, he probably doesn’t what he needs already to form probable cause to conduct the search or make an arrest for whatever sin he is searching for. Again, nothing wrong with requesting a lawyer and saying no to police requests until then. Federal cases are an even bigger disaster considering aggravating factors, upward departures, and role increases in sentencing under the Federal “guidelines.” Not only will the Feds question you on your guilt or innocence, they will ask you crazy ass questions that you think nothing of, that wind up getting you 5 more years on your sentence.
MORAL OF THE STORY- SHUT UP. There is not a damn thing you can say (in the Bay Area anyway) to change Officer Friendly’s mind if he wants to make an arrest. I know a lot of good cops and believe me, they have heard every story from every hustler out there. Stay quiet and give your lawyer a chance. You may find that silence will the carry the day in court.
Ultimately Defendant Dustin McCombs only bantered regarding his arrest warrant and per this article didn’t appear to make any incriminating statements. What he did show was a lack of respect for the police and the law which undoubtedly a good prosecutor will use at trial to argue he has a general lack of respect for all things not Dusting McCombs. Facebook in particular is becoming the death knell for criminal defendants more and more everyday through ignorance of the fact that the posted content stays FOREVER and will be retrieved. Whether it’s an admission, a cocky response that’s not incriminating, or just general nastiness toward the police, a short sighted response can most definitely get you a bad long term result.
If you need a criminal lawyer in Clearwater, St. Petersburg, Tampa, Bradenton, Pasco or Polk County, call the criminal lawyers at The Mayberry Law Firm today. At least if you talk to us it’s privileged… 727-771-3847.