▶ Watch: Your Words Can Become Evidence
Most people believe that if they just explain themselves, the officer will understand and let them go. It almost never works that way. Once you are a suspect, anything you say can become evidence — and a surprising number of convictions rest on statements people made voluntarily, thinking they were helping themselves.
Here's the problem: you don't know what the police already have. Sometimes the only thing tying a person to a place, a car, or an event is their own words. An innocent explanation — "I was just there for a minute," "it wasn't mine, I was holding it for a friend" — can hand the State an element of the case it couldn't otherwise prove. And officers are trained to keep you talking.
You have the right to remain silent, and you have the right to a lawyer. Using those rights is not an admission of guilt — it's basic self-protection. The single most useful sentence in these situations is calm and simple: "I'd like to speak with my lawyer before I answer any questions." After that, stop talking. Don't explain your case to police, to other people in custody, or on the phone from jail, where calls are recorded.
As a former Chief Prosecutor, Brian Foley has seen exactly how statements get used against people. If you've been arrested or contacted by police in Conroe, The Woodlands, or Montgomery or Harris County, talk to a lawyer first. Request a free, confidential consultation or call or text (936) 596-0407.
For litigants who do not have counsel: Reading this blog post does not create an attorney-client relationship. Call to set up a free consultation.
For the general public: This blog is for educational purposes only and provides general information, not specific legal advice. By using this site you confirm that there is no attorney-client relationship created.