The Right to Remain Silent - Use It!
“You have the right to remain silent. Anything you say can and will be used against you.” These words are now so familiar to almost everyone who has watched any crime movie or television show, but what happens when someone is questioned by the police? The answer is that they very frequently end up giving a statement!!
In my nearly fifteen years of practicing criminal law in New Jersey, by far my most frequent and best advice given to those who are questioned by the police is “do not speak to the police unless you have an attorney present.” In Miranda v. Arizona the U.S. Supreme Court ruled that the Fifth Amendment right against self-incrimination is not limited to in-court testimony, but also applies whenever a person is taken into police custody for questioning. The Court further ruled that before such questioning can begin, police must explain to the person that “he has a right to remain silent, that any statement he does make may be used as evidence against him, and that he has a right to the presence of any attorney, either retained or appointed.”
The police will use all kinds of efforts to evoke a statement from you. They will tell you that a statement will help you, they will tell you to “be a man and tell the truth”, they will tell you that the co-defendant already told them what happened, etc. Remember, giving a statement, with very few exceptions, DOES NOT HELP YOU and in most circumstances, WILL HURT YOU.
If you have been arrested and have already given a statement, an experienced criminal defense attorney can review the facts and circumstances of the statement and if the police did something wrong, a motion to suppress can be filed in an attempt to have the statement disallowed as evidence.
When questioned by the police, never be rude or disrespectful, but be firm in your request to have an attorney present before any statements are made. Call an experienced criminal defense attorney at Lependorf & Silverstein.
