Is it really “anything” and how will it be used? Never thought about it, but it sounds kind of strange.
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It means don’t talk to the police without an attorney present. Notice how the line does not say anything you say can be used to protect you in court. Providing information or answering question will only provide the cop more evidence to validate any charges they file against you OR create new charges.
It’s not exactly a ELI5 – but to this day one of the best full explanations of this can be found in this video:
Basically it means that there is no “off the record” talking to the police after you are arrested. All your statements are being noted and they will be used against you if they can be. Even denials like “I didn’t steal any cookies from the kitchen!”
Prosecutor: Officer Smith, did anything about the defendant’s statement strike you as unusual?
Officer Smith: Yes, we never mentioned anything about any cookies.
OP: to call someone guilty in court requires a series of steps. The accuser is the one who has to prove stuff, not the defender. In case of doubt defender wins.
The accuser has to start by showing this person is related to this.
Then that they were there at that time.
Then that they did it.
This needs evidence, including there was a method, a motive, opportunity
Imagine you say:
“Well, I saw nothing suspicious there” – you’ve already established you were there. Now they don’t have to show that. you did.
If in the conversation you admit you didn’t like the guy – well, here’s some motive.
Even an honest mistake or recolection can later be used to accuse you of being a liar.
Check this short video:
[Never Talk to the Police; Even With Your Lawyer Present](https://www.youtube.com/watch?v=M6-xQ3mhGWg)
it means keep your mouth shut and never talk for cops except for asking 1. if you are free to go? if no then ask for a layer and that’s it.
It means whatever you say MAY be used against you as evidence of it helps the prosecutions case. If it doesn’t, they won’t bring it up.
In America, cops have to warn you before questioning you that if you talk to them, prosecution can use what you say to them against you in court; and it can *only* be used against you. If you tell your story to a cop and he says that he believes you and doesn’t think you’re guilty but they still have to go through the charges; that cannot be used to help you and your case. Even the most seemingly innocuous statements can be used to establish motive, a timetable of your movements, etc. Since any statements you make to police cannot be used to help you it’s best not to say anything to police and only talk to an attorney.
Apparently even silence can be used against you. If you start talking to the detectives and then stop answering their questions, that can be considered in your trial. So best not to start talking without a lawyer.
Most evidence of people’s statements out of court are considered hearsay and are disqualified. Admissions by a defendant in a criminal case are an exception and are not disqualified. If you choose to speak, that evidence is admissible in court.
The phrase is “can be used against you” not “will be used against you”.
So yes, anything in the sense that there is no specific statements you can make there will always be safe. But not everything you say will be of any value to prosecution. So “Yes, I’d like a glass of water” is unlikely to be used against you.
It’s pretty literal. If you say something to police, they can write it down or record it and use it as evidence against you. If you admit to committing the crime, the cop will testify in court that you admitted to committing the crime. If you say, “I didn’t kill him, but I’m glad he’s dead,” or you talk about some disagreement you had with the victim, that can be used to suggest you had a motive. Or if you give an alibi that turns out to be a lie, the cop will testify about that. Anything you say that makes you sound potentially guilty can be used in court if you are tried for the crime.
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