Should You Confess to the Police

My question involves criminal law for the state of: WV This is a serious question, so I would appreciate none of the normal sarcasm that some here decide is necessary and feel the need to force upon others looking for advice.

I am guilty of a crime, I admitted to the victim verbally that I am guilty. The deputy working the case called me to see if I could talk. I didn't say much but I agreed to meet with him a week from today at the station to discuss the details. He said there was no warrant yet, and that if I came in and talked, he would let me leave. He did say there might be charges later, but he would let me leave if I came in and talked. I may have already made a mistake because I told him where I pawned the stuff last year, only because I assumed he already knew, since pawn shops have to keep those records. After I told him, it appeared he did not know, which would have meant maybe they didn't find the records. Hindsight is 20/20.

I know the cops can lie to get a suspect to admit stuff and I know that is there job. I do not have a lawyer and cannot afford one, so basically I will be going at this on my own until the time when I am arrested and the court decides to give me a PD. I won't be able to afford bail, so I will be in jail and go through the motions to speak with someone with a legal background.

My question is, I have always heard never speak to the police ever, without an attorney, EVER. I feel that if I am guilty, it is going to end the same no matter what, with me in jail, eventually pleading guilty for a lighter sentence, if possible, and perhaps it will look more favorable if I am cooperative. I guess I am just wondering what I should do. Speak with him next week and spill my guts, or say I want a lawyer.

Sorry for rambling, but just wanting some advice.

(The "normal" setting on my sarcasm button is broken, sorry. It only works in the "abnormal" mode right now)

Nobody here can tell you what to do.

Obviously.

If it were me though, the very second I was arrested I'd take the PD and work from there.

I don't think anybody here is going to tell you to talk to the police without consulting a lawyer, and if they did... you shouldn't listen.

My officers interview people and let them leave all the time. But somehow the ones they're gonna press charges on always end up under arrest between the front door and their cars. "Let you leave" is a broad, undefined statement. Just sayin'.

The "You are free to leave at any time" means "we're not obliged to tell you that we're trying to coerce incriminating information out of you."

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Quoting Rachel4492

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My question is, I have always heard never speak to the police ever, without an attorney, EVER. I feel that if I am guilty, it is going to end the same no matter what, with me in jail, eventually pleading guilty for a lighter sentence, if possible, and perhaps it will look more favorable if I am cooperative. I guess I am just wondering what I should do. Speak with him next week and spill my guts, or say I want a lawyer.

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There is nothing whatsoever that you can say to the police that will result in a better outcome for you. Only a worse outcome will result. Your are confused about pleading for a lighter sentence. The police do not control this. They only determine whether the prosecutor has a strong case or a weaker case, based on their investigation of the matter. The stronger their case, the less incentive a prosecutor has to offer you a better deal. A lawyer representing you understands this because s/he does this day in and day out. You are not experienced in these matters. Waiving right to counsel and talking to the police voluntarily will NOT achieve a better outcome for you. If you admit to a crime to the police officer, he will NOT let you leave. You have already harmed yourself by talking to the police. It can only get worse.

The only words out of your mouth should be, "I have nothing to say."

Okay, so I really appreciate the advice because I was totally going to go in and fess up and do whatever I could to try and get a lighter sentence. What each of you said made alot of sense. One last question and I promise I will leave you alone :-)

I am in one state, the crime happened one county over, but that is another state. I dont know if that is why the deputy asked me to come to him or not, but perhaps.

Should I go in and then tell him I have nothing to say....or should I call him and say I have changed my mind about talking to him and I have nothing to say without a lawyer, but that I cant afford one, so I choose not to speak.

I would assume his response would be you have nothing to worry about if you did nothing wrong.

Scenario One, I dont go in and if they want to arrest they would have to come to my state to do it. I dont know if they would need to extradite, since the two counties have a reciprical agreement.

Scenario Two, I go in, and refuse to talk, and then I am arrested and they keep me there.

Both end with the same results, except that the longer I can be out and work, the more I have towards paying an attorney of my own choice instead of a PD.

I am guilty, no doubt and will most likely end up pleading guilty,,,,,but I dont see why I have to make it easier for them, or go any sooner than I have to, especially when I am working and trying to pay bills now, before I go away.

Any insight?

He likely wants you to come so he can get an additional confession and effect an easy arrest. Otherwise they must file the charge and seek extradition. Seek legal council.

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Quoting flyingron

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The "You are free to leave at any time" means "we're not obliged to tell you that we're trying to coerce incriminating information out of you."

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^^^^ this times 10000.

I thought my previous answer was clear, but you seem hell bent on making more trouble for yourself than would otherwise be necessary.

By advising you to say, "I have nothing to say" I was addressing the case where the police officer is trying to interview you. If you are not in his/her presence, do not place yourself in his/her presence just so you can say "I have nothing to say" and don't call them on the phone to tell them how much you don't have to say. Don't talk to them about lawyers. Don't talk to them AT ALL! There is ABSOLUTELY NOTHING YOU CAN SAY OR DO BY WAY OF INTERACTION WITH THEM THAT WILL HELP YOU. In other words say nothing, unless they are in front of you and you don't want to be completely silent, and then you can say "I have nothing to say". Are you getting it now? Don't go to them. If they have a serious case they will certainly come to you. And you will say NOTHING.

You don't understand how desperately you need a lawyer. You really seem to think you can make things better for yourself if you just convince them you're a nice guy who loves cooperating with the police. I really don't know how anybody can help you any more than this.

Yes, I truly do get it and I will not say anything. I had told him I would meet him at the station on Saturday and he told me to call if I couldn't make it. So I just don't call and just don't show up? I hate to be a pain, but I want to make sure I can do that.

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So I just don't call and just don't show up?

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That's what Bubba Jimmy said, right? So, right. Don't call, don't show up. Don't answer your phone if he calls you. If you do answer your phone, the reply is "I'm sorry, I have nothing to say.", and hang up.

Lemme backtrack a little:

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I am guilty, no doubt and will most likely end up pleading guilty

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No. Do not do this. I don't care if Jesus Christ himself found you standing over a mangled corpse with a bloody, running chainsaw in your hand and blood on your face. You ALWAYS plead "Not Guilty".

"Not Guilty" does not mean "I didn't do it!". It means "If you're so sure I did it, PROVE IT." It is your Constitutional right to face your accusers in court and make them prove that you committed the crime you are accused of. So if it should come to pass that charges are leveled against you, you retain counsel, and you plead NOT GUILTY.

If you confess, it's all over. You force the court to impose sentence, and throw away any chance you might have for a reduced sentence.

Until such time as charges are leveled, though? Shaddap. Button it. Zip it, kid. Not a peep to anyone, not even your Mama. If/When charges are brought forth, the only talking you should do is to your attorney. No one else. You have rights. Exercise them. The most important right you have right now is the right to shut the hell up. Do that.