Posts Tagged ‘police questioning’

You Have The Right To Remain Silent…Use It

Saturday, September 17th, 2011

What if I told you that you have the right to eat as much as you want and not gain any excess weight?  Sounds pretty good, huh?  The point is that if you have the “right” to something, it is probably a good and valuable thing.  Well, anyone who has ever watched a police or attorney themed TV show or movie knows that in America we have the “right” to remain silent.  But what exactly does that mean, and how can we use this “right” to our advantage?

What Are Miranda Rights?

Most people mistakenly believe that if they are arrested and the police fail to read them their “rights,” then the arrest is somehow invalidated.  If only this were true.  In fact, the police don”t have to read you your “rights” at all.  First of all, let”s explain what “rights” we are talking about.  A U.S. Supreme Court case from the 1960″s known as the Miranda case explained that in casino spiele order for prosecutors to use certain statements against people accused of crimes, in court, the police would have to do certain things before those statements could be used in court.  Essentially, if police question a suspect that is in custody, the answers to those questions cannot be used against the suspect in court unless the police first advised them of those “rights”  I”ve been referring to.  Basically, we have the “right” to remain silent when the police are questioning us when we are in custody.

When am I Considered “In Custody?”

Remember, “custody” isn”t limited to the police station, patrol car or handcuffs.  Any significant restraint on your movement could mean that you are “in custody.”  So what is it that I am suggesting you do when “in custody” and questioned by the police?  Use that right and remain silent!  Do I have to repeat this?  You might think you”re going to talk your way out of trouble, outsmart the police or receive favorable treatment for your honesty and cooperation.  Keep dreaming.

Who Should I Talk To?

If you want to speak to someone when you are the subject of a police investigation, then I have the perfect suggestion for you.  Contact a criminal defense lawyer.  In Sarasota or Bradenton, I suggest that you contact a Board Certified Criminal Trial Lawyer.  Good luck, and remember to zip it!