3. Will the silence be to my disadvantage in the criminal proceeding?
If you remain silent during the investigation, this must not be a negative burden. On the other hand, partial silence can harm you. This means that it is better not to say anything at all than to make a little statement. Even if you are convinced that you are accused for no reason and have not committed a crime, it is almost always better not to make a statement at first.
The experience of all defence lawyers is that rash statements made in the “heat of the moment” are almost always harmful.
On the other hand, a confession that is made during a later interrogation or during the main trial is almost always “worth more” than a confession that was made early to the police immediately after the arrest. It’s like Skat: you should think very carefully about when to play your trump cards.
Police officers are trained to give suspects the impression that it is better for them to make a confession at an early stage. This is almost always wrong. When arrested, the police are “friends and helpers” of the prosecutor – and not of the accused. Policemen who promise to give a “good word” to the judge violate their official duties. Anyone to whom such a promise is made should insist that it be recorded in writing or repeated in front of neutral witnesses. For this purpose, police officers who make “lazy promises” are usually not prepared – for good reason.
Instead of expressing himself on the matter, an accused should therefore insist in every situation of the proceedings on immediately consulting a lawyer and remaining silent.
Who has no telephone number of a criminal defender to the hand, can require by the way a criminal defender emergency call. The emergency telephone number should be known in every police station.