Not only Maryland, but all states should mandate recording of all interrogations. It is shocking, with the accessibility and ease of recording technology today, that such a serious legal matter as a criminal interrogation cannot be recorded for reference purposes; but this is the reality in the United States today.

According to an October 2022 report, casecrackers.com notes that only 27 states (Washington D.C. included) have adopted statewide interrogation recording policies. While common sense would dictate that interrogation recording should be federally mandated, at least there has been significant progress since 2003, when only two states required it. In the past two decades state-mandated recording requirements have come largely as a response to people falsely implicating themselves in a crime. Aside from ensuring that innocent people retain their rights, the benefits of interrogation recording extends far beyond preventing false confessions.

Interrogation recording practices vary state by state. With just over half of the United States having legislation in place, the specifics of when and why each state requires interrogation recording can differ significantly. Here in Maryland, we require interrogation recording for murder, sex crimes, and serious violent offenses in the first or second degree.

What would mandated interrogation recording do to protect my rights?

Having one set of regulations for mandated interrogation recording would benefit everyone.

First, it will keep law enforcement honest. People tend to behave better when they are being watched. And while it’s not illegal for police to lie to you during an interrogation, they may be more reluctant to do so if that interrogation is recorded.

Second, it ensures that law enforcement follows protocol when it comes to being interrogated. Were you read your Miranda rights? Were you aware that the interrogation was being recorded? Was a juvenile suspect denied access to counsel? In Maryland an interrogation cannot be conducted if you were not given your Miranda warning, and it cannot be recorded unless all parties are informed. And as of 2022, “Juveniles… have an unwaivable right to consult counsel before being interrogated by law enforcement except in compelling circumstances” under the Child Interrogation Protection Act.

Third, it provides critical documentation of how you were treated. Were you interrogated for hours? Were you lied to? Were you kept in a room that was too cold or too hot? Were you denied water or bathroom breaks? Were you intimidated or subjected to force? Were you promised leniency that law enforcement has not power to grant? Any and all of these interrogation techniques can lead to a false confession, or a willingness to plead guilty “just to make it all stop.” The NACDL notes that “more than 1 out of 4 people wrongfully convicted but later exonerated by DNA evidence made a false confession or incriminating statement.”

Fourth, it creates an unalterable record of what you said and did not say. People’s memories fade over time, and people under duress – such as those accused of crimes – may make mistakes. These mistakes can be exploited later by law enforcement. Having a recorded copy of an interrogation can help us help you prepare.

Finally, federal legislation regarding recorded interrogations will make the justice system more efficient and fair. By recording all interrogations, it ensures that everyone who is accused of a crime starts on the same foot, to so speak. Whether you are facing a felony murder charge or a misdemeanor theft charge, you should have access to the same level of justice.

What should I do when being interrogated?

Remain calm and composed while waiting for your attorney and when they are present. Emotional reactions can be misinterpreted or used against you.

If you do not have an attorney, request one. Then, stay quiet. Under the law, you can refuse to answer any questions without a lawyer present.

If you already have an attorney and he or she is not present, you can – and should – continue to refuse to answer any questions. Be polite and respectful in your refusals. Simply stating “I will not answer any questions until my attorney is present” should suffice.

Avoid confrontational behavior, as it may escalate the situation and undermine your position, even if you are passionate about your innocence.

Do not offer any information outside of the facts. We understand that you may want to defend yourself or explain what happened. This often leads people to provide unasked-for details that could hurt them later.

Remember that law enforcement can legally lie to you during an interrogation. Do not succumb to coercive tactics used by law enforcement officers to make you admit to any level of guilt. It is always in your best interest to have an experienced Bowie and Crofton criminal defense attorney on your side throughout a criminal investigation in which you are implicated.

Finally, and perhaps most importantly, listen to your lawyer. You are allowed to ask us questions and confer with us throughout the process. If your attorney says “My client will not be answering that question,” don’t answer it. Remember – we have decades of experience representing the accused. We understand how the system works, and our counsel is based on the exact needs and circumstances of your situation. You hired us to help you; let us do it.

At Carey Law Office, we put our clients’ interests and rights first. With locations in Bowie, Crofton and Owings, we have extensive experience advocating for the rights of individuals in situations like yours. Contact or call Carey Law Office today for your initial consultation and let us fight to preserve your rights. Also serving Calvert County.