{"id":151659,"date":"2025-03-23T12:48:02","date_gmt":"2025-03-23T12:48:02","guid":{"rendered":"https:\/\/peraltafinancing.com\/business\/legal\/you-have-the-right-to-remain-silent-use-it-the-pink-attorney-blog\/"},"modified":"2025-03-23T12:48:02","modified_gmt":"2025-03-23T12:48:02","slug":"you-have-the-right-to-remain-silent-use-it-the-pink-attorney-blog","status":"publish","type":"post","link":"https:\/\/fivemor.com\/?p=151659","title":{"rendered":"You Have the Right to Remain Silent \u2013 Use It! \u2013 The Pink Attorney Blog"},"content":{"rendered":"


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LOOSE LIPS SINK SHIPS<\/strong><\/p>\n

We all know the Miranda rights \u2013 \u201cYou have the right to remain silent, anything you say can and will be used against you\u2026\u201d Even though we know we have the right sometimes we don\u2019t use it. Maybe because the person believes they can talk their way out of any trouble or maybe as Ron White said, \u201cI had the right to remain silent, but I didn\u2019t have the ability.\u201d Pretty sure intoxication was the factor in his story, but drunk dialing or drunk chatting with the police is generally not a good idea.<\/p>\n


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\nThey really mean it when they say anything you say can and will be used against you in a Court of law.\u00a0 Whatever you say to law enforcement is noted.\u00a0 \u00a0For instance, during a DWI arrest asking the officer, \u201cDo you feel like a hero now?\u201d\u00a0 That makes the report.\u00a0 \u00a0Also gains you some extra fines or community service.<\/p>\n


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\nAnother common scenario, during your ride to the police station telling the officers all the reasons your arrest is wrong, those get recorded.\u00a0 \u00a0Your phone call from the jail it is recorded, just like the sign posted right next to the phone says.\u00a0 Not to mention the irritating robo voice that reminds you frequently the call can be monitored and recorded.\u00a0 It is recorded and provided to your defense attorney.\u00a0 It is now evidence.<\/p>\n

Interviews and Interrogations<\/strong><\/p>\n

\u201cAnybody who understands what goes on during a police interrogation asks for a lawyer and shuts up,\u201d
\n\u2015\u00a0James Duane,\u00a0<\/span>You Have the Right to Remain Innocent<\/a><\/span><\/p><\/blockquote>\n

It is a very rare occurrence that an attorney would advise you to meet with the police for an interview, especially without the attorney present.\u00a0 \u00a0A good rule of thumb is if you are being asked in for an interview where you could be a suspect or person of interest \u2013 DO NOT go without an attorney.\u00a0 If you get there and are being asked to waive your Miranda rights do not sign the waiver, ask for your attorney.\u00a0 The interview stops the moment you invoke your right to counsel.<\/p>\n

The fact you are being asked to waive rights is an absolute clue that there is the possibility of arrest. \u00a0It is also an indicator that without your statement or confession there is not sufficient evidence for arrest. \u00a0 Most people are arrested prior to being asked to interview or make a statement. \u00a0Most times there is sufficient evidence for arrest from witnesses, physical evidence, video\/audio recordings and other investigation to make an arrest without ever talking to the suspect. \u00a0If the police need a confession to make an arrest, the case is probably not strong on its own merit. \u00a0That is why you should ALWAYS ask for an attorney.<\/p>\n

I hear lots of reasons why people chose to make statements without an attorney. \u00a0The most common thing I hear, \u201cInnocent people don\u2019t need attorneys.\u201d \u00a0Really? \u00a0You say you are innocent, yet at the end of the interview you got arrested. \u00a0Your words can be twisted. \u00a0You can say things that you think sound reasonable, that the officer doesn\u2019t find reasonable at all. If you are being questioned about a crime, they are looking to make an arrest. \u00a0That officer has a job. \u00a0The job is to solve a crime by arrest.<\/p>\n


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\nYour words often come back to haunt you. \u00a0Your attorney can attempt to have your statement suppressed, so that the statement can\u2019t be used at a trial. \u00a0However, there are only a few exceptions that allow the statement to be suppressed. \u00a0Rarely does the Court rule that the statement is inadmissible. \u00a0 The real problem here is that if your statement needs suppressed, you already got arrested and the suppression hearing does not come quick. \u00a0 Procedurally a suppression hearing comes way down the road after arrest. \u00a0You could spend a considerable amount of time in jail or out on bond before there is ever a hearing about your statement.<\/p>\n


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\nYou have an absolute right against self-incrimination and an absolute right to have an attorney present for questioning. \u00a0 Invoke your rights, and get an attorney with the requisite experience and knowledge to help you decide if an interview is in your best interest. \u00a0 REMAIN SILENT!<\/p>\n<\/div>\n