Murder is the most heinous crime that carries the harshest penalties. When a husband or wife has been found murdered, the primary criminal suspect is always the surviving spouse. The police will begin their investigation by talking to the people closest to the victim. While you may not be involved in the crime, statements you make can be misconstrued and used against you in the future.
Homicide Investigation 101
When a murder has been committed, the initial responding officers will secure the crime scene. Their job is to:
- Make sure that any suspects have been apprehended
- To limit access to authorized personnel only
- To preserve any and all evidence to be used in the investigation
- Request additional help such as, the crime scene investigation unit, the medical examiner and extra officers to maintain crowd control and secure the perimeter.
A homicide detective will usually be assigned to the case. They will gather information, identify witnesses and obtain preliminary statements. The first people they will want to speak with are usually members of the family.
Don’t Talk to the Police
While most people want to cooperate with the police, keep in mind that their job is to find the guilty party. If your spouse has just been murdered, you may be in shock and say things that can be used against you at a later date. Law enforcement may use tactics to get people riled up. For example, if your wife has been found dead, the detective may say something like, “Has your wife been seeing other men” or “Were you and your wife fighting about something”? They will want to know where you were at the time of the murder. Once you answer this question, this will forever establish your alibi. They may even request that you take a lie-detector test so that they can rule you out as a criminal suspect. Innocent people often fail these tests because they are under stress or may be feeling guilty about something totally unrelated to the crime.
How to Protect Yourself
The Fifth Amendment of the U.S. Constitution protects citizens from self-incrimination. You are not obligated to talk to the police at any time. They may try to threaten you or lie about evidence they found implicating you in the crime. Do not make any statements to anyone, not the police, not your friends, family, neighbors, co-workers or children. The first thing you should do is find a criminal defense attorney to represent you. They know how the system works and they will be able to advise you on how to proceed so that you don’t become unjustly convicted.
An Attorney May Keep You Out of Jail
Once the police begin a murder investigation, they will talk to anyone who they think will help their case. They may interview your friends and neighbors, but if you have children, you need to protect them. Law enforcement officials are not allowed to interview anyone under the age of 17 without the parent’s consent. Even if you are innocent, allowing the cops to talk to your kids is never a good idea. Every married couple has disagreements, and kids often say things such as, “Mommy and Daddy were fighting”. This could serve as probable cause for the cops to get an arrest warrant. A criminal defense lawyer will make sure that your rights and the rights of your children are protected at all times.
