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The important thing here is to explicitly state that you refuse to answer any questions without legal counsel present. Then, shut up. Remaining silent and not t
by jrs235 11y ago
The important thing here is to explicitly state that you refuse to answer any questions without legal counsel present. Then, shut up. Remaining silent and not telling them you will not answer their questions can be used against you in court. See Salinas vs. Texas.
"So, again, the government can't offer negative comments on the choice not to testify and may not offer negative comments on a person's choice to remain silent after an arrest. Salinas brought the question, what about silence before an arrest?"[0]
"Basically, if you're ever in any trouble with police (no, we don't condone breaking laws) and want to keep your mouth shut, you will need to announce that you're invoking your Fifth Amendment right instead of, you know, just keeping your mouth shut." [1]
"if he wanted to rely on his right to remain silent, he had to say something that clearly asserted his right." [2]
[0]
http://freedomoutpost.com/2013/06/supreme-court-silence-can-be-used-against-you/ http://freedomoutpost.com/2013/06/supreme-court-silence-can-...
[1]
http://www.thewire.com/politics/2013/06/supreme-court-salinas-v-texas-ruling-explained/66309/ http://www.thewire.com/politics/2013/06/supreme-court-salina...
[2]
http://volokh.com/2013/06/17/do-you-have-a-right-to-remain-silent-thoughts-on-the-sleeper-criminal-procedure-case-of-the-term-salinas-v-texas/ http://volokh.com/2013/06/17/do-you-have-a-right-to-remain-s...
http://www.bakerlaw.com/alerts/silence-isnt-always-golden-in-government-investigations-bracing-for-the-impact-of-the-supreme-courts-decision-in-salinas-v-texas-7-8-2013/ http://www.bakerlaw.com/alerts/silence-isnt-always-golden-in...