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Miami Bankruptcy & Criminal Attorney / Blog / Criminal Defense / Take Advantage Of 5th Amendment Rights: Thwarting Interrogation Room Tactics

Take Advantage Of 5th Amendment Rights: Thwarting Interrogation Room Tactics


Anyone who’s ever been interrogated by the police, knows it can be extremely nerve-wracking.  If law enforcement followed the requirements laid out in the Constitution, the individual was Mirandized and survived the experience with no verbal or physical abuse. They knew they had the right to remain silent until their attorney arrived, and they used their head and kept mum. But in far too many situations, people who are stuck in those uncomfortable interrogation rooms cave in to the pressure of some well-documented psychological strategies that are designed to get people to speak up long before they are advised by an experienced local defense attorney.

If They’re Questioning You, Assume They Suspect You

It doesn’t matter where a conversation with law enforcement occurs—on the roadside or at the station—if you’ve been read your Miranda Rights, pay attention to the part about having what you say used against you.  They may be just fishing for information, but it’s best to assume you are a suspect.  Ask if you are under arrest or if you are free to go.  If they allow you to leave, do so, and contact your attorney with questions.

Rules Favor Police

The fact of the matter is, it is completely within bounds for police to misrepresent what they know about a crime.  They are well known to make assertions that are intended to make a person feel that there is more evidence against a suspect than there actually is.  While they are not allowed to lie about your legal rights or misconstrue facts, they can certainly make up scenarios in an attempt to draw out a confession from a suspect.  For example, they could say that your hair was found at the scene of a crime, or that an accomplice has already spilled the beans and incriminated you.

Common Interrogation Techniques

The Reid Technique is a well-known strategy used to get suspects to confess. It’s extremely coercive, and extremely successful in getting confessions—whether or not those confessions are accurate.  The procedure starts with isolating a subject to get them off balance.  Then they use the old “good-cop/bad-cop” ploy, where one officer drops the hammer, making you feel they’ve already got enough on you to nail you, and then a second officer comes in with sympathy and the, “Aw shucks, anybody would’ve done it,” and making promises based on your cooperation.

Don’t Fall for It

Whatever they say, whatever they do, do not speak beyond telling police your name until your attorney is present. Your future could depend on it.  If you have questions about criminal charges you are facing, contact the experienced Miami criminal defense lawyers at the Law Office of Julia Kefalinos for a confidential consultation today.



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