The Supreme Court of the United States has determined that you and I (and everyone else in the U.S.) have definite Constitutional rights that are ceaseless and cannot be despoiled - apart from very rare situations. The right to stay silent and the right to an attorney is included in these rights. While we generally think of these rights as they are revealed in the movies (i.e. Cop arrests guy, cop reads guy Miranda warnings, the guy says "talk to my attorney"), they are applicable in all such situations. Moreover, you have rights even before Miranda is triggered, generally by an arrest.
Consider the following examples, relating very special facts:
1) Maryland criminal law example.
Let’s suppose for a minute that you are picked up for any serious affair (i.e. Attempted murder) and the police officer gives you appropriate Miranda warnings. After you exert your right to an attorney, you are placed in a holding cell. You ask for a phone call and the officer compel. You call your friend, who notifies you that you are all over the local news. You have been arrested for attempted murder. Following the situation, you tell your friend that they don’t hold up any special clue or proof against you. You shroud the murder weapon in a car and drove the car over a cliff into the water. Massachusetts criminal defense lawyers
The cops have you and you said something. Even despite the fact that this isn't the distinctive position that we see in the movies, you still had a right not to say something. When they said, "anything you say," they meant anything you say. Jail phone calls are approximately always monitored and recorded. You didn't have to make that call, as well as you would have been exercising your right to remain silent.
2) Virginia criminal law example.
You are caught up in an accident on I-66. An eighteen-wheeler taps you from behind; the driver blows the horn, and then speeds off. You call the police. As soon as they get there, you tell the officer that the truck driver cut you off and you crooked into the jersey wall. You then proceeded to drive in front of the truck and slow down, in an effort to get the driver to stop just because he caused an accident. At least that was your judgment. The cop then gives you a ticket, since this kind of driving is considered wild in some states. Massachusetts criminal defense attorneys
You didn't have to say anything to the cop. Ignorance of the law (meaning you didn't know that what you did is reckless driving) is not an explanation. Above and beyond, what benefit are you gaining by saying anything to the police officer?
3) DC criminal law example.
Assume that you are driving home from happy hour near the Verizon Center and you get dragged over. The cop enlightens you that your hind light was out. After that, he proceeds to tell you that he smells a discrete odor of alcohol radiating from your breath. He asks you if you've been drinking. Your answer to this question will say aloud, how this story spread out.
The message is undemanding. It is not a criminal transgression to exercise your rights, regardless of what the cops may say to scam you into believing it is. You also don't have to wait in anticipation of an officer allow you know what rights you may exercise. However, people fail to keep conversant and properly exercise their rights on a daily basis. It makes my job very tricky, and frequently lessens the chances of thrashing a criminal charge.
This is not officially permitted advice. It is just information. Every condition is diverse and you should contact an attorney licensed in your state to talk about your particular requirements. Boston Criminal Defense attorneys
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