When someone in Columbia, Lexington, or anywhere in South Carolina learns that they are the subject of a criminal investigation, one of the first questions they ask is whether hiring a lawyer or declining to cooperate with police will make them “look guilty.” Our office regularly represents clients who are either facing an imminent investigation or are already the target of one. This includes misdemeanor cases such as Domestic Violence in the Third Degree or Leaving the Scene of an Accident, and felony charges such as Sexual Exploitation of a Minor, Criminal Sexual Conduct with a Minor, Theft, or even murder.
Confidentiality and Attorney–Client Privilege
One of the most important protections available to anyone under investigation is the attorney–client privilege. All communications with our office are confidential. This means that no matter what you tell us about your potential involvement in a crime, we cannot and do not share that information with law enforcement or any third party. Attorneys are the only true “safe space” to discuss criminal allegations. Speaking to anyone else—friends, family, or the police—can result in statements being used against you later in court.
Why Talking to Law Enforcement is Dangerous
Many times, investigators will attempt to contact a suspect under the guise of simply “wanting to hear your side of the story.” This may be framed as an informal meeting or even just a telephone interview. In almost all situations, it is a mistake to agree to make statements, answer questions, or consent to searches without first speaking with a lawyer.
The majority of arrests and prosecutions in South Carolina rely on some form of statement or admission made by the defendant. Investigators are highly trained in interrogation techniques, some of which are specifically designed by psychologists to elicit statements that can be used against you. Even if you deny wrongdoing, your answers may still be twisted or used to build a case.
Law enforcement also expects that once someone has consulted with an attorney, they will not be willing to meet, make statements, or otherwise cooperate with the investigation. This is not unusual, and it is not an admission of guilt—it is simply the normal and expected course of action for anyone who has received sound legal advice.
The REID Method of Interrogation
One of the most common interrogation techniques used by law enforcement in Columbia and Lexington is the REID method. This is a multi-step process designed to get people talking, build rapport, and eventually encourage admissions or confessions. The REID method has been taught in multi-day seminars across South Carolina and is widely used by investigators.
While law enforcement views the method as a legitimate way to obtain information, it has also been controversial. Critics point out that it has been associated with false confessions, especially in cases where vulnerable individuals, such as juveniles or people with intellectual disabilities, are involved. This is one reason why having a lawyer present before and during any questioning is essential.
Can Refusing to Talk Make You Look Guilty?
It is true that some investigators may interpret your refusal to answer questions as “looking guilty.” However, this is not evidence of a crime, and it cannot be used against you in court. Exercising your right to remain silent is a foundational legal protection in the United States.
Our advice to remain silent applies equally to those who are innocent and to those who may be guilty of the allegations. Innocent people can still make mistakes in an interrogation, and their words can be taken out of context or misinterpreted. The risk of giving a statement is not limited to those who have done something wrong—it applies to everyone.
In fact, prosecutors often have a harder time bringing charges, or are more willing to negotiate, when someone under investigation has remained silent. By contrast, when people give statements to police, prosecutors can use those words to secure an arrest warrant and ultimately a conviction.
Why You Should Always Contact a Lawyer First
If you are accused of or investigated for a crime in Columbia, Lexington, or anywhere else in South Carolina, the safest step you can take is to immediately contact a criminal defense lawyer. We advise our clients not to meet with or speak to law enforcement unless we determine it is in their best interest.
Refusing to cooperate does not mean you are guilty—it means you are protecting yourself and your rights.
If you are under investigation or have been contacted by law enforcement in Columbia, Lexington, or elsewhere in South Carolina, call the Law Office of James R. Snell, Jr., LLC today at (803) 359-3301. Same-day appointments are typically available.