Metro Detroit Sex Crimes Defines Attorney weighs in on whether it helps or hurts for you to speak to Police.
Criminal Sexual Conduct (CSC) is what Sexual Assault crimes in Michigan are called. Criminal Sexual Conduct charges are some of the most serious criminal charges a person can face. If you are convicted under the Michigan CSC laws, the penalties include not only the near certainty of Prison time, but also Sex Offender Registration (SORA), tether for life, and even consecutive sentencing for each count of Criminal Sexual Conduct. The exact penalties depend on which of the Degrees of Criminal Sexual Conduct in Michigan that you are charged with.
But how do you know if you’re being accused or formally charged with CSC in Michigan? Often, your first indication of a possible Sexual Assault accusation will be a phone call from a Detective. The Detective “asks” you to come to the Police Station for an “interview.” But it doesn’t sound like he’s “asking” because he’s saying things like “I need you to come in…” You recall hearing “Don’t speak to the Police. You have a right to remain silent.” That sounds great until you’re being accused of something as serious as Criminal Sexual Conduct. What should you do? Should you speak to the Police and try to make the problem go away?
The Detective says “You don’t have to talk to us. But we need to get your side of the story. If we don’t get it, all we’ll have is a one-sided story of her allegations, and we’ll have to send it downtown to the Prosecutor’s Office for CSC charges. But if we get your side and it sounds like you’re telling the truth, maybe we can just close this case out.” “Well…,” you think “It can’t hurt me. Sounds like he’s on my side and it could save me a lot of trouble. Plus, if I don’t It will look like I’m guilty or that I have something to hide.” And off to the Police Station you go…
STOP RIGHT THERE! If about half of the people serving Prison time for Criminal Sexual Conduct in Michigan could rewind the clock to back before they made the faulty decision to go speak to Police, their circumstances would be drastically better. Nothing gets more people convicted of CSC in Michigan than their own words. But remaining silent can save your life. Here’s why:
- Police don’t expect you – guilty or innocent – to actually confess. It’s the little things they’re looking for. Suppose you make an honest mistake on where you were on a certain date. You don’t know what evidence or records the government has or will get. Often times, a consensual sexual encounter can result in a false accusation of Sexual Assault or Rape, and a Rape Kit may be performed, but your DNA alone doesn’t mean you committed a crime. Even a small mistake can hang you.
- Any statement could end up being “incriminating” depending on the context it is placed in later. At the time of your interrogation, you will not have all relevant information. Police are allowed to hide information from you and even lie to you. But if you lie to Police, you’ll certainly be charged with CSC and perhaps a separate crime.
- You will likely be on video or audio, even if it’s not at a Police Station. Even when you are 100% innocent, the seriousness of the situation alone will cause a normal person to appear and sound nervous even if you say all the right things.
- The Detective or Detectives interrogating you are experienced at handling these interrogations. You aren’t. They will employ tactics such as the “Reid Technique for Interrogation” an 8-step method designed to “extract” a confession or incriminating statement from you under extreme pressure. False confessions to Rape and Sexual Assault crimes are ever increasing.
- Your words can only hurt you. They cannot help you. Suppose you DO give the perfect interrogation and you make zero mistakes and you appear and sound perfect. The government will simply not use it in Court. If you try to use it in Court, you will be denied by the Judge as it is “hearsay.” You can’t win this game.
- It’s your Constitutional 5th Amendment right to remain silent. We often hear about gangsters and criminals “taking the 5th.” Those accused of Criminal Sexual Conduct often think “But I’ll look guilty if I don’t call the Police back and talk to them.” But that is NOT true. The government can never bring up the fact that you did not speak. The Jury will never know that you were asked to give a statement and declined. They cannot even bring-up the topic. Your silence absolutely cannot hurt your or be used against you. Only your words can.
Now you’re educated and hopefully you’re convinced that keeping your mouth shut and not calling Police back is your only safe zone where you can be sure things won’t get any worse if someone is accusing you of Criminal Sexual Conduct. In response to the public becoming more educated, the Police are constantly using new tricks. Even passing a CSC Polygraph will likely not help you.
For example, now they’re using “pretext calls,” where they have your accuser call you from the Police station using a familiar cell phone number. When you answer, your accuser will be on the line asking you to “apologize” for what you “did.” But it’s all pre-scripted to work against you no matter what, and it’s being recorded. DO NOT SPEAK TO ANYONE BUT AN EXPERIENCED CRIMINAL SEXUAL CONDUCT ATTORNEY. If you’re receiving calls form Police or an accuser, you need legal advice before you say even one word.