If someone goes to a police officer and asks to speak off the record and admits to a potentially criminal offence, can he press charges against them? 21 Answers as of February 26, 2013

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William L. Welch, III Attorney | William L. Welch, III
Yes the person might be prosecuted. Police officers do not have the authority whether to grant a person immunity. Only the prosecuting attorney has that authority. An attorney can assist you with evaluating the prosecution's case, any defenses that you might have, and any plea offer that might be made, so that you can decide whether to plea bargain or go to trial. If you were to be found guilty, then an attorney can assist you with presenting mitigation, elocution, and a recommendation for a more lenient sentence. and a recommendation for a more lenient sentence.
Answer Applies to: Maryland
Replied: 2/26/2013
Gregory Casale Attorney at Law
Gregory Casale Attorney at Law | Gregory Casale
There is no such thing as off the record when you admit to a crime to a police officer. Anything that you say can and will be used against you in court. That is a true warning not just television hype. Do not EVER admit anything to a police officer, no matter what he tells you.
Answer Applies to: Massachusetts
Replied: 2/19/2013
Shane Law Office
Shane Law Office | Robert J. Shane
Yes any admission you make even off the record can be used against a defendant in a criminal case. If you are in custody and police are interrogating you, a Miranda warning is required.
Answer Applies to: Minnesota
Replied: 2/17/2013
Lawrence Lewis
Lawrence Lewis | Lawrence Lewis, PC
What is off the record with a police officer? Yes, he will be arrested. And Miranda rights need not be read, because he was not under arrest.
Answer Applies to: Georgia
Replied: 2/17/2013
Law Offices of Jonathan Mincis | Jonathan J. Mincis, Esq.,
Yes the person can still be charged, there is really no such thing as off the record.
Answer Applies to: New Jersey
Replied: 2/17/2013
    Austin Legal Services, PLC
    Austin Legal Services, PLC | Jared Austin
    Nothing you ever tell a police officer is off the record. If you are telling them about a crime, they are obligated to investigate and pursue the matter if they feel the evidence is reliable. Don't ever admit a criminal offense to a police officer. Speak to a lawyer first.
    Answer Applies to: Michigan
    Replied: 2/17/2013
    Law Office of Eric Sterkenburg
    Law Office of Eric Sterkenburg | Eric Sterkenburg
    Any time a person talks to the police, it is never off the record. In the example you gave the person would be charged if he admitted to a crime off the record.
    Answer Applies to: California
    Replied: 2/17/2013
    Henry Lebensbaum | Henry Lebensbaum
    There is no such thing as off the record. And yes, the person can be charged. The person did something that was not very smart.
    Answer Applies to: Massachusetts
    Replied: 2/17/2013
    Michael Breczinski
    Michael Breczinski | Michael Breczinski
    If the police can prove the crime happened then the answer is yes. Off the record is only for reporters.
    Answer Applies to: Michigan
    Replied: 2/17/2013
    Randy M. Lish, Attorney at Law | Randy M. Lish
    Absolutely. That is why you have a right to remain silent, and probably should.
    Answer Applies to: Utah
    Replied: 2/17/2013
    Hamblin Law Office | Sally Hamblin
    Of course. One does not speak off the record to a cop and admit criminal wrongdoing. Maybe on TV, but not in real life.
    Answer Applies to: Michigan
    Replied: 2/17/2013
    CECE LAW | Frank Cece
    This is never a good practice. Any voluntary unsolicited admissions or incriminating statements made to a police officer can be used against you even without Miranda rights. There is no such thing as "off the record" in such a circumstance.
    Answer Applies to: Illinois
    Replied: 2/17/2013
    Universal Law Group, Inc. | Francis John Cowhig
    There is no such thing as "speaking off the record" to a police officer. Anything that you tell the police can and will be used against you.
    Answer Applies to: California
    Replied: 2/17/2013
    Timothy J. Thill P.C.
    Timothy J. Thill P.C. | Timothy J. Thill
    Usually, if there is other evidence connecting the speaker to the crime, the police can charge that person based on his confession. ?Again, the police should have evidence that an offense related to the speaker did, in fact, occur.
    Answer Applies to: Illinois
    Replied: 2/17/2013
    Law Office of Michael E. Dailey
    Law Office of Michael E. Dailey | Michael E. Dailey
    Yes, but he will generally need more than just that statement to make a case. There is no off the record with the cops. That is a media term that gets violated all the time and generally does not mean much anyway except to the rarely seen integrity of the press.
    Answer Applies to: Missouri
    Replied: 2/17/2013
    Law Office of Jeff Yeh
    Law Office of Jeff Yeh | Jeff Yeh
    There is no such thing as speaking off record when it comes to the police.
    Answer Applies to: California
    Replied: 2/17/2013
    Jason Overton, Attorney at Law
    Jason Overton, Attorney at Law | Jason Overton
    I don't know why someone would do that. There is no "off the record" with police officers - that's with court reporters and journalists (and I probably wouldn't trust journalists, either). Police officers can lie to you, by the way.
    Answer Applies to: Alabama
    Replied: 2/17/2013
    Law Office of James Gandy
    Law Office of James Gandy | James Gandy
    There is no 'off the record' with the police. This is a term used by reporters. As the police advise people - Anything you say can be used against you - this means literally what it says; whatever you say can be used against you.
    Answer Applies to: California
    Replied: 2/17/2013
    The Law Office Of Sunny Eaton | Sunny Eaton
    Yes, when speaking to the police, or anyone else for that matter, there is no such thing as something being "off the record." ANYTHING you say can be used against you. If you feel like you have made potentially incriminating statements, you should consult an attorney immediately.
    Answer Applies to: Tennessee
    Replied: 2/17/2013
    Rizio & Nelson
    Rizio & Nelson | John W. Bussman
    Of course. There is no such thing as "off the record" when speaking with police. Why on Earth would someone do that?
    Answer Applies to: California
    Replied: 2/17/2013
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