Golden Ring of Silence in Police Questioning

Light travels faster than sound, and you may appear brilliant until you speak, then you may give police probable cause or evidence that can be held against you.  The right to remain silent can be a sound foundation to your criminal defense. We want the bad guys caught, and therefore Law Enforcement has a tough balance between protecting the public, and protecting people’s right to privacy.  Law Enforcement does not always get it right. If you are arrested, identify yourself to the police officers, and if you do not want to make a statement or answer questions, let them know that.  Not only do you have the right to remain silent, but everything you do say can be used against you in court. Potentially, the longer your sentence to police, the longer your sentence in prison.   Your mother may call you “son,” but probably that is not for the bright move that put you in the back of the squad car.  Exercise your right to remain silent, or it may go flabby with you behind bars for an extra long time. Talk to an attorney.  Tell the police you want to speak with an attorney and that you do not […] Read More

How To Stop The Questioning

If you have been arrested, silence during police questioning can be golden to your defense.  If you wish to remain silent, tell the police you want to invoke your right to do so, and then all questioning must stop. If you are arrested, identify yourself to the police officers, and if you do not want to make a statement or answer questions, let them know that.  Your silence can be in the best interest of your defense.  Furthermore, anything you do say can be used against you in court.  It is NOT like on TV:  law enforcement officers cannot offer leniency for your written or spoken testimony. Talk to an attorney.  You have the right to legal counsel if you are charged with a criminal offense.  If you are facing heavy fines or jail time, rely on a defense attorney to make sure the penalty fits the crime.  Do not accept the maximum penalty just because you do not know better.  Seek competent legal counsel to work with prosecutors for a correct resolution. 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 […] Read More

Rights to Remember If You Are Arrested

Remember high school civics class, the first ten Amendments to the Constitution, or the Bill of Rights?  You may not have exact recall of Pythagorean’s Theorem or the meaning of onomatopoeia, but remembering you right to remain silent and your right to an attorney can be useful if you are arrested. If you are arrested, you do not have to answer questions and you can end an interrogation by stating that you wish to remain silent.  Speak up to say you want to remain silent.  Defendants can hurt their case by saying too much, and good legal counsel can help you work with prosecutors on an outcome that is best for everyone. The Florida Bar provides a free online pamphlet called “Legal Guide for New Adults” (available at http://www.floridabar.org/tfb/TFBConsum.nsf/48e76203493b82ad852567090070c9b9/34557641d4c2f7c885256b2f006c5753?OpenDocument) which covers criminal charges and a variety of non-criminal subjects.  The language is in layman’s terms and its topics apply to new adults as well as those a little older than 18.   Read More

Remember Your Rights

The US Constitution grants all Americans the Freedom of Speech, as well as the Right to Remain Silent.  May you have the wisdom to know when to use them! Have a safe and happy Fourth of July. Read More