Criminal Defense: Arrest and your right to remain silent
Arrest and Your Right to Remain Silent During Questioning
If you’ve been arrested, chances are that you are scared and unsure about what to do or not do, say or not say. You are dragged to a sterile room in a police station. You are questioned relentlessly. Sometimes the cops blame you and try to get you mad or frustrated. They hope they can entice you into arguing back, and giving up vital information. Or, on the other hand, sometimes they pretend to befriend you, pretend to be on your side. They try to make you think that they sympathize with you and know you’re being falsely accused. This is another tactic employed to make you give up information which will incriminate yourself. Cops are trained in interrogation techniques designed to get information to use against you.
The best thing to do in a situation like this is to not say anything. It’s better to say nothing than even to deny anything. All you have to do is say you want a lawyer and then close your mouth. The prosecutor cannot use this against you. He or she cannot try to show guilt by the fact that you did not talk to the cops. You have a Constitutional right to not say anything, to keep your mouth shut. So use it!
Pending Arrest and Your Right to Remain Silent
If a crime has been committed and the cops are still trying to find a suspect or gather more information, they sometimes ask people to come to the station and talk to them. Your answer should always be “No.” They cannot arrest you for not cooperating with them. And if they had enough information, they would show up with handcuffs. If they want you to come in, it is likely they think you are involved. They will use tactics mentioned above, either being argumentative or overly friendly, to try to get information to use against you. They do not want to hear your side of the story for any other reason than to use it against you. They are not on your side. Cops are trained to analyze situations and decide who committed crimes. If they want you to come in, there is nothing that will benefit you.
If the cops have asked you to come in to the station, you should say no. Or you should call your lawyer and have them tell the cops no. If the cops want to talk to you, make them do their own work and arrest you. Do not give them any help. Do not say anything. Do not even deny. Hire an attorney and let them talk for you. Afterall, that is what attorneys are trained to do: talk.
What to do about an Arrest and Your Right to Remain Silent
If you have been arrested or fear that you will be arrested, keep in mind that you should just say nothing at all. Saying nothing is better than even denying. You have a right to an attorney and a right to remain silent. Cops are trained to advise you of those rights because they are extremely important and are rights that need to be protected and cherished. They are rights that need to be used.
Contact the Law Office of Stephanie M. Arrache, a criminal defense firm, if you have been arrested or fear an arrest and want to know about your right to remain silent.
Law Office of Stephanie M. Arrache
A Criminal Defense Firm
PO Box 3297
Palm Springs, CA 92262
Office: (760) 237-8295
Cell: (760) 668-8295