23 Oct Tips – Before Jail – Protecting Your Rights! – Do Not Talk To The Police! You Have A Right To Remain Silent!!!
by Criminal Defense Attorney Isabell Flores, on October 23, 2010
Do Not Talk to the Police! You have a Right to Remain Silent!!!
The Right is CONSTITUTIONAL!! You should affirm – I have a CONSTITUTIONAL RIGHT to remain silent.
The Right comes out of what is called “The Fifth Amendment”. Just so you understand the basic background, the Fifth Amendment comes out of what is known as the Bill of Rights. The Bill of Rights contains the First Ten Amendments to the United States Constitution. http://en.wikipedia.org/wiki/United_States_Bill_of_Rights
The right is yours!!! You own it and you have a right to be protected by it. Your forefathers worked hard on this one so use it, take advantage of it AND be appreciative of it.
Exercising of this right has nothing to do with whether or not you are innocent. You have it! It’s your right and whether you are innocent or not, the right to use it is yours regardless. Take advantage of this fact. Besides, years of struggle by many, many, people have gone in to working at getting and keeping this right for you. Don’t just throw all their struggles by the wayside.
The Police are always going to try to get information out of you.
They have worked on their skills for many years and know how to get, pull, and twist certain words out of you. Usually (almost every time) any word you speak to the police will NOT, I repeat NOT, assist you with your case. For instance, in traffic cases, that’s when you will usually notice the officer with a pen and a pad taking notes of everything you are saying and doing and just adding those little tiny notes to your case.
The Police can still keep asking you questions. This is unless you ASK FOR AN ATTORNEY.
Just because you say you want to “exercise your right to remain silent”, doesn’t mean you are out of the woods just yet. Legally, if you just say you want exercise your right to remain silent, and/or just say that you don’t want to talk, THE POLICE CAN STILL KEEP ASKING YOU QUESTIONS. Of course, you can and should still continue to remain silent.
HOWEVER, and this is a big however, once you ASK FOR AN ATTORNEY, ALL QUESTIONING MUST CEASE!!! Especially until you HAVE AN ATTORNEY! The Police know this.
At which point a competent attorney who you hire or a public defender who is appointed to represent you, should be telling you to remain silent as well.
Sacramento DUI Attorney Isabell Flores handles the following types of cases: DUI / Driving Under the Influence / Drunk Driving, Traffic Tickets/Traffic Citations, and handles Special Appearances for other Attorneys.