Many people do not believe the police lie. This is not the experience of Texas criminal defense lawyers.
The police lie more frequently than many people realize. Officers may lead you to believe they have evidence against you that they do not have to tease a confession out of you. They may indicate they have incriminating information from another source.
The police are even allowed to lie to people when they are investigating a crime. The fact information was obtained through a lie does not mean the evidence cannot be used against the suspect as long as it was not obtained unconstitutionally.
Police lies may not invalidate a case
Although the police are allowed to lie, it may not help your case if you tell untruths. It’s better to exercise your right to remain silent rather than saying too much whether truthful or otherwise. If you lie to the police, it may make it more difficult to defend your case.
If during a DWI case you are asked if you have consumed alcohol and you tell an officer you did not when you did, your statement may be used to discredit your case later at trial if you consumed alcohol. It’s far better to remain silent. However, it’s not a crime to lie to a police officer under these circumstances.
There is a consequence for lying under oath. If you tell a lie once you have been sworn in you may commit perjury.
Texas also has a crime of making a false report to a police officer. If you tell a lie to a police officer that leads investigators to believe somebody else committed a crime, you may be charged with this offense.
In some cases, a police officer may land up in trouble for telling lies. In the wake of the death of Sandra Bland, an African American woman in a Texas cell, former state Trooper Brian Encinia was charged with perjury.
Encinia was charged with making a false statement about the arrest. Nevertheless, the charge was dropped in 2017, reported the Los Angeles Times.
You should always be very cautious about your dealings with a police officer. What you say can and will be used against you.
If you have been arrested for an offense like drunk driving, please call our Fort Worth DWI defense lawyers for a free consultation.
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