Does it make you seem guilty if you refuse to speak without a lawyer present?

982 Views Updated: 07 Dec 2016
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Does it make you seem guilty if you refuse to speak without a lawyer present?

There are two principles of natural justice.

- ‘Nemo judges in cause sea’ which mean ‘no one should be made a judge in his own cause’ or in other words Rule against bias.
- ‘Audi Alteram Partem’ which means hear the other side.

Almost all countries that are democratic have formulated laws based on these two principles of natural justice. So, the right to a fair trial is everybody’s right. But these are only applicable in a court of law. When a police call you for questioning, whether you are guilty or innocent, they have their own strong motives for questioning you.

The police already might have found some incriminating evidence against you and they just have to find some loopholes in your statement to conclude that you are guilty of the crime. The psychological aspect of police is that everyone is suspect until they had proven themselves as innocent. If the police want to nail you for a particular crime, then there will stand nothing against it other than a lawyer.

Moreover, a person will automatically start sweating, even if he is innocent while seeing a police officer and that will make him nervous which will lead to telling some wrong statements. These wrong statements are enough to make that person a sure suspect in the eyes of the officer and arrest him. And believe me, this is a scene which exists in every country. And in India, the suspect will also be subjected to third degree questioning – a horrible torturous method police resorts to for getting the truth out of the suspect.

So, It is always better to speak to a police officer with your lawyer present as it could give you more confidence and even if you are guilty, the lawyer will attempt a daring rescue mission based on the loopholes of the First Information Report or charge-sheet filed by police in the court.

A genuine lawyer will always try to help their clients. Thus, a person need not feel guilty if he/she refuses to speak to a police officer without his/her lawyer’s presence.

Posted by: Dhiji Vijayan Posts: (36) Opinions: (1258) Points: 8,978 Rank: 6

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