You are on the side of the road, or in your living room with two officers, and you want them to understand. So you explain. Former prosecutor Brian Foley explains in this video why that explanation almost never changes what happens next — and why it changes everything that happens months later.
The officer is not your audience
At the scene, the officer is deciding one thing: is there probable cause to arrest? Probable cause is a low bar, and in most calls — a DWI stop, an assault family member call, a theft detention — it already exists before you say a word. Your story does not undo it. At best it is noted; at worst it is treated as an admission with excuses.
The camera is the real audience
Every word is captured by a body-worn camera. It will be transcribed, reviewed by the prosecutor, and — if the case goes to trial — played for the jury. Statements made while frightened, angry, or intoxicated do not sound the way you intended. Details you got wrong in the moment become "inconsistencies." Attempts to minimize ("it was just a shove") become admissions of contact.
Where your story belongs
Your story belongs with your lawyer, first, and then — if it helps — in a controlled setting: a written proffer to the prosecutor, testimony at a hearing, or your own testimony at trial after the State has been locked into its version. Told that way, your account is evidence for you. Told on the roadside, it is evidence for them.
Brian Foley and Luis Baez prosecuted hundreds of cases built on scene statements. Do not give one. Call or text (713) 703-1718 for a free consultation.