Golden Silence in Criminal Defense

Peter Rabbit and Benjamin Bunny were arrested for stealing lettuces from Mr. McGregor’s garden and hauled off to the police station.  It became quite late in the afternoon, and little Benjamin began to cry for fear he would miss his supper, but Peter kept his mouth shut.  He did not so much as sneeze!   The police only had circumstantial evidence against Peter, and he never acknowledged committing a crime.  Dawn broke over his golden silence, and they let him go, assuring him they would drop the charges if he testified against his cousin, Benjamin.   Peter’s mother had sent her attorney to pick him up, but Benjamin’s father, old Mr. Benjamin Bunny, arrived in person at the police station with a little switch in his hand.  He was looking for his son.     The right to remain silent can be a sound foundation to a criminal defense.  Talk to your attorney regarding the details of your case to discuss possible defenses available to you. Read More

Entertaining Law Enforcement

Stop or I’ll shoot…those are not your Miranda Rights.  You have the right to remain silent and you have the right to an attorney…just like you have the right to own a TV where you can learn these things on cop shows.  Though arrest procedures may be common knowledge, they are not always common practice. Maybe you are in some trouble, and maybe you do not know how much trouble.  If you are handcuffed and escorted by three police officers into your house prior to being arrested, you may be unsure of how to politely suggest that these guys with guns leave before they toss your bedroom without your consent.  It could be a gray area of hospitality:  entertaining armed law enforcement who have you physically restrained.  Your hands are tied; unless you employ a butler, it is going to be difficult for you to usher these “guests” to the door. The police are there to do a job, not to step on your rights like a doormat.  Even if you are in custody, you have rights.  Entertaining law enforcement could become courtroom drama.  Seek competent legal counsel to assert your rights properly. Read More