The Right to Remain Silent :: Tennessee Criminal Lawyer Blog

One of the biggest obstacles that criminal defense attorneys encounter frequently is figuring out how to suppress, explain, or otherwise avoid a statement that has been given by a criminal suspect to law enforcement officials prior to the suspect consulting with his or her attorney. Suspects often feel like it may help their cause to be overly cooperative with law enforcement officials, and, in fact, many suspects are explicitly informed by the authorities that cooperating will make things go smoother for them or will help them in some way. Occasionally, defendants are even threatened for their refusal or unwillingness to cooperate. The key point for criminal suspects in Tennessee to remember is that you are never under any obligation to give a statement of any kind to law enforcement officials other than for purposes of identifying oneself.

Unfortunately, it is human nature to tend to reveal too much information to those who have you in a compromising position, which often leads suspects or defendants to say a little more than they should. Such statements are then invariably used to prove that the defendant confessed to the crime or otherwise incriminated himself or herself. The impact that a confession or other incriminating statement made by a defendant can have on a jury cannot be overstated. Defendants who have given such statements, therefore, would be wise to seek legal counsel immediately and begin work on keeping the statement out of court.

Under Tennessee law, a statement by a defendant can be excluded from trial if it was not given freely and voluntarily. Whether a statement was given in this manner is often a huge bone of contention in criminal trials. It is often not enough that a defendant gave a statement after being promised lenient treatment but never receiving any leniency. It is more likely that a statement will be excluded if the defendant was coerced or threatened into giving the statement in some way, whether it be by force, death threats, exceedingly hostile interrogations conditions, etc. Defendants who have given statements to law enforcement officials have an uphill battle and should not try to go it alone. Contact a skilled Tennessee criminal defense attorney today for assistance in handling your case.