Blog Post

YOUR RIGHT TO REMAIN SILENT

The Vth Amendment to the Constitution of the United States says quite clearly that no person will be made to incriminate themselves. Then why do people do it all the time?

Just the other day a young man came in with a drug possession case. When he told me how the police stopped his car and what they did, I was almost certain that we could win the case. The drugs weren’t in his possession. There were other people in the car. He was not the owner of the car. Things were looking pretty good for him.

Well, they were looking good for him until I learned that he made a statement to the police that the drugs were his.

Now many times people tell me that the police did not read them their rights. So let me clear something up. They only have to read you your rights if you are in custody. So that means when you are standing there talking to them on the roadside and they are investigating, they don’t have to read your your right to remain silent. But you still have that right. You NEVER have to talk to the police. The same applies when they ask you to come in and tel your side of the story.

When you go in voluntarily they do not have to read you your rights because you are there by choice and not in custody.

But what you say can and will be used against you later. If the police are asking you questions about a crime you should always say that you want to talk to an attorney first. The have to give you time to consult an attorney. So if you then call me and I determine that you have nothing to say that will harm you it will be okay to talk to the police. I am not going to charge you anything for a visit like that. But if you go in and say something that incriminates you, then you are going to get a criminal charge and you will have to pay me money to defend you.

If I think that what you have to say is going to harm you, I will tell you that. Many times the only thing that i stopping the police from arresting you is that they need your statement to make the case.

And do not go in and tell a lie. That only works against you later.

So for your own sake, please don’t make any statements to the police. It will not go easier on you. It will only make things worse. You will have a chance to tell your side later, with my help.

If you are interested in some of my other blog posts you can find them at: livebeyondfear.com