George, knowing he was innocent of the charge, agreed to talk to the police regarding a burglary charge. He knew he was innocent. He told the police about everything that he had done on the day of the crime. Little did he know that the police were told that George committed the crime by his friend Tom. Tom was in fact the culprit. The police checked George’s story and discovered some inconsistencies in his whereabouts that day. Because of this, George was charged with the crime. George testified at his trial, but the prosecutor focused on his inconsistencies for that day. George tried to explain that he was nervous when questioned by the police, that he was talking in a casual manner with them, that he could explain away the inconsistencies, and that the officer did not accurately recount what he actually said. George, because he gave a statement, put himself in a risky situation. Would the judge believe his story? 

     This fictional account points to a number of hazards in making a statement, verbal or written. Generally, it is best to talk to an qualified attorney before you say anything. Most people love to talk, and try to explain their reason for being or not being involved in a particular situation. While this may be relatively harmless in most situations, it can be catastrophic to a person accused of or charged with a crime. Under ideal conditions, normal communication is tenuous at best, and is seldom 100% accurate. This can be attributable to a number of factors such as intelligence, verbal abilities, preconceptions, bias, listening abilities, ulterior motives, and distractions. Moreover, the ability to recollect, remember, and recount plays a crucial role in accurately communicating information. The situation becomes even more complicated when the listeners honesty is considered. Silence is generally the best approach if a person is accused of or charged with a crime. An  accused does by law have a right to remain silent. It is generally recommended that an accused talk to a qualified lawyer before they say anything. When talking to the police or other investigator, be polite and provide your name and address, but do not make any other statement. Politely advise the officer that you must talk to your lawyer before you say anything. Tell them that you will make no statements, written or verbal, without the presence of your attorney.  Remember, one wrong word can result in your conviction. One misplaced confidence can result in your incarceration. George would probably agree that it is usually best to remain silent and only talk  to qualified criminal defense attorney.