Call Now  (713) 227-4444 Email Us Hablamos
Español

Neal Davis Blog

  • About
    • Neal Davis
    • Tyler Brock
    • Andrew Jordan
    • Hiring An Attorney
  • Expertise
    • Criminal Defense
    • Sex Crime Defense
    • Child Pornography
    • Child Solicitation
    • Drug Possession
    • White Collar Crimes
    • Shoplifing/Theft
    • DWI
    • Murder Defense
    • Assault & Family Violence
    • Title IX Defense
  • Results
  • Reviews
  • Press
  • Resources
    • Blog
    • Criminal Defense Guides
    • Scholarships
Home / Criminal Defense / Do I Need a Lawyer for a Police Interview?

Do I Need a Lawyer for a Police Interview?

April 29, 2022

lawyers and police interrogations

Perhaps you wonder if you need a lawyer or an attorney for a police interview or interrogation. Our answer—and that of Emmy-winning TV host John Oliver—is a resounding yes.

On a recent showing of his HBO series Last Week Tonight, a meld of journalistic reporting and cutting humor, Oliver examined the traps and pitfalls of Americans who choose to face police questioning without a lawyer at their side—a lawyer who could advise them and protect their legal rights.

Persons who are under suspicion for a crime, or are told they are needed as a witness, have a Constitutional right to bring an attorney with them to police questioning. And getting a lawyer is not an admission of guilt but rather a vital way to protect them against what could be a disastrous outcome, including the loss of their freedom.

Yet as Oliver points out, about 80 percent of people “waive their Miranda rights and willingly submit to a police interrogation for a number of understandable reasons.”

“Sometimes people think, ‘I don’t need a lawyer. I didn’t do anything.’ Or they believe they’re only being brought in as a witness and not a suspect. But not having a lawyer makes you incredibly vulnerable.”

The Supreme Court and Miranda Rights

The Supreme Court and Miranda Rights

Defense attorney Neal Davis discusses Miranda Rights and their history in the U.S. Supreme Court.

Find out more

 

Police can legally lie to you

That’s because police can employ various tricks to snare you into a confession or legal vulnerability—including the fact that police can lie to you about what they know of a crime.

“A lawyer might clue you in to an absolutely insane power that police in America have been given by the Supreme Court,” Oliver said. “The police can flat-out lie to you to make you think you have no choice but to confess.”

For instance, police can claim you failed a polygraph test, your DNA was found at the scene, or your fingerprints were on a murder weapon – even if all of that is a lie.

“Allowing police to lie to suspects is crazy,” Oliver said. “Most countries do not allow it, and for good reason: It is far too powerful a tool.”

He then showed a video of an interrogator claiming to a suspect that DNA evidence put the man at a murder scene. The man vehemently denies having been there. But the policeman says, “I can’t lie about the evidence,” when in fact, he is lying about the fact that he can lie—and is lying—about the evidence.

Police can engage in such lying freely and with impunity—then and later. Even if it’s determined that an innocent person falsely confessed, the police who coerced it face “little to no consequences for extracting a false confession,” Oliver said.

Confessions are the gold standard

All of this is geared to get people—even innocent people—to confess to a crime. Why?

“Confessions are viewed as the gold standard when it comes to an indicator of guilt,” Oliver said. In fact, he said, confessions “can be more persuasive than DNA evidence.”

Confessions are wildly persuasive, he said, “because we (average persons) think they’re one of those things that only guilty people do.” He said such misconceptions have been hammered in by crime dramas.

Yet many false confessions have been proven to be false.

In nearly a third of cases where convictions have been overturned thanks to DNA testing, the convicted person had made—or seemed to have made—a false confession, despite being innocent.

Oliver also said research shows false confessions were a factor in 34 percent of cases in which children under 18 later were found innocent and exonerated. False confessions also were made in a whopping 69 percent of cases in which people with mental illness or intellectual disabilities later were exonerated.

“There are a number of reasons an innocent person might confess to something they didn’t do, and a lot of that comes down to what happens in a police interrogation room,” Oliver said.

That’s a room where a person needs a lawyer by his or her side.

Junk science steers police

Oliver explained one strategy, “the Reid Technique,” a longtime police standard for interrogation, even though it isn’t based on science but rather simply observations—some of which contradict each other. (The technique claims that avoiding eye contact is a sign of guilt but also claims that staring at police is a sign of guilt.)

“Junk science,” Oliver called it.

First comes an interview to determine if a person is a suspect. Then comes an interrogation to steer the suspect toward a confession—and that can last for many hours.

“If an investigator is trying to get you to confess, they can grind you down,” Oliver said. He noted a study that reported false confessions came after an average of 16.3 hours of questioning. That’s a long time for anyone to spend in a hot seat.

“Innocent people can wind up confessing just to escape the stress of that situation,” Oliver said. “The notion that people crack under pressure and falsely confess really shouldn’t be that hard to understand.”

Confessions can stop an investigation

Oliver said some people might assume “that even if they falsely confess they can later recant, and the real evidence will prevail and clear them. But that’s actually very unlikely, because as soon as the police get a confession, thorough investigations tend to stop.”

Also, in some states, a jury only hears the confession itself. But in 30 states, including Texas, police are required to have a full recording of interrogations available, thus placing a “confession” in its proper context. Oliver urged all other states to do this.

In answer to those who might worry that investigators lose powers to get confessions if they can’t intimidate or lie to suspects, Oliver said, “Their job literally is to investigate, so maybe they could try doing some of that.”

If you or a loved one in the Houston area face a possible police investigation, police interview or police interrogation, contact an experienced criminal defense lawyer at the Neal Davis Law Firm—today.

Do you know what your rights are if you’re arrested?

Do you know what your rights are if you’re arrested?

Those rights can be violated by arresting officers. Know your rights because they might bolster your chances of getting a charge dropped or dismissed.

Find out more

 

Related Resources

  • HBO Documentary Revives Farrow’s Attacks Against Woody Allen
    HBO Documentary Revives Farrow’s Attacks Against Woody Allen
  • Months Can Pass Between Sentencing and Prison
    Months Can Pass Between Sentencing and Prison
  • Harris County Defense Lawyers Resist In-Person Hearings
    Harris County Defense Lawyers Resist In-Person Hearings

Learn More About Criminal Defense


Overview of Criminal Defense
Questions to Ask Your Attorney
White Collar Crime
Crime Classifications
Common Criminal Defense Questions
Have You Been Arrested
Death Penalty Law
Criminal Defense Legal Terms
Rights of the Defendant
Employment after Incarceration

5-star review image
He helped our son get his drug offense case dismissed
Drug Offenses  |  Houston
Juvenile drug offense case
2016-02-15
"Our son just told us the good news. His mother and I wish to express our deepest gratitude ..."
Mother of Client P.R., Verified Customer
5-star review image
Felony case dismissed!
Assault  |  Houston
Dismissed assault case
2018-01-05
"In March of 2017 I was charged with a felony. However, Neal and Ty were able to sift through ..."
R.R., Verified Customer
5-star review image
A #1 Defense Attorney
Assault  |  Houston
Dismissal of charges
2017-06-05
"I have twice hired Mr. Davis to defend members of my family who I firmly believed were unfairly ..."
Father of client S.S., Verified Customer

Categories

  • Child Pornography & Online Solicitation
  • Community
  • Criminal Defense
  • Drug Crimes
  • Federal Crimes
  • Firm News
  • Intoxication Offenses
  • Sex Crimes
  • Violent Crimes
  • White Collar Crime

Search

Criminal Defense Court Process

FREE E-BOOK

Learn all about the legal process and your legal rights.

Get Your Free Copy Now

Board Certified, Criminal Law – Texas Board of Legal Specialization (2009-2021), AV Rated by Martindale Hubbell (2015), and listed as a Best Lawyer in America (2015-2022)

He doesn't give up, no matter what you're up against
M.F.
5-star review image
Got my life back
K.W.
5-star review image
Muy satisfechos con su trabajo
Tia de J.C.
5-star review image

Read All Reviews

    Contact Our Law Firm




    We respect your privacy. The use of this form does not establish an attorney-client relationship.

    Address
    Neal Davis Law Firm
    The Heights Boulevard Law Building
    1545 Heights Blvd., Suite 700
    Houston, TX 77008

    Map

    Call 24/7
    (713) 227-4444

    Office Hours
    Monday - Saturday
    8:00 AM to 6:00 PM

    Sunday: Closed


    Experienced Criminal Defense Law Firm in Texas

    While based in Houston, our law firm provides knowledgeable representation and comprehensive legal services for individuals throughout Texas, including:


    Location

    Harris County:

    Houston, Pasadena, Baytown

    Montgomery County:

    Conroe, The WoodlandsWillis, Pinehurst

    Fort Bend County:

    Sugar Land, Richmond, Needville, Cinco Ranch


    Your Houston Criminal Defense Lawyer: Neal Davis


    A principle of the American criminal justice system is that all defendants are "innocent until proven guilty." Houston criminal defense attorney Neal Davis and his skilled legal team represent individuals accused of committing crimes. For over 20 years, Neal Davis has successfully defended clients in Texas and federal courts in all types of criminal matters at all phases, from state misdemeanors to complex federal matters. Often, he has favorably resolved criminal cases quickly and quietly, without the need for trial.


    The Neal Davis Law Firm defends the rights of individuals charged with all types of state crimes, including drug offenses , child sex crimes, online solicitation of a minor , child pornography, DWI and intoxication manslaughter, fraud and theft, assault and family violence, and murder and homicide, as well as all types of federal crimes.


    Board Certified, Criminal Law – Texas Board of Legal Specialization. Serving all of counties and federal courts across Texas, including Harris County (Houston), Montgomery County (Conroe), Galveston County and Fort Bend County (Richmond). Enjuris Texas personal injury guide

    © 2023 Neal Davis Law Firm, PLLC. All rights reserved. Law Firm Online Marketing by SEO Advantage, Inc.


    Legal Information

    The information and materials on this website are provided for general informational purposes only, and are not intended to be legal advice. We attempt to provide quality information, but the law changes frequently, and varies from place to place. The information and materials provided are general in nature, and may not apply to a specific factual or legal circumstance. An attorney and client relationship should not be implied. Nothing on this website is intended to substitute for the advice of an attorney; therefore, if you require legal advice, please consult with a competent attorney licensed to practice in your jurisdiction. Every case is different and individual results may vary depending on the facts of a case.