3 ms·

In the US, the mantra is "Am I under arrest?" and if not, "May I leave?" If you're not under arrest, I don't believe that you need to answer questions. Politely

In the US, the mantra is "Am I under arrest?" and if not, "May I leave?" If you're not under arrest, I don't believe that you need to answer questions. Politely, of course. And if you are under arrest, you have the right to counsel during interrogation.

dahfizz 7y ago
Even if you are under arrest, you don't have to answer questions. The fifth amendment gives you the right to stay silent.
- idDriven 7y ago
  The key here is that as soon as you can afford a real attorney the prosecution often won't go forward. If you take public counsel, poor people in the system call them 'public pretenders' because the vast majority of the time they are buddies with the DA and will just press you to take the plea deal. Ive read about a few exceptions where they actually represent the clients but the vast majority of the time they just pressure you to take the deal and threaten you with the full penalty under law if you don't deal.
- mirimir 7y ago
  True. And in theory, that's not evidence of guilt. But juries are human, so it might sway them toward guilt, at least just a little. Also, once you have an attorney, they tell you what to say, and may even say it themselves. Indeed, they may prepare a statement, which you just read. However, they can subpoena you, and then you do need to answer questions. With your attorney present of course. And then at trial, on the stand. Edit: And it's not just "stay silent". You need to actually say that you're exercising your right to counsel during interrogation.
  - staticautomatic 7y ago
    This is wrong on several counts. They can't force you to talk at all. A subpoena can't compel you to talk. They can't compel you to talk because you have a lawyer. And they certainly can't compel you to take the stand.
    - mirimir 7y ago
      Huh? In the US? If you mean that they won't torture you if you refuse to testify at trial, you're correct. But the judge may declare you in contempt, and throw you in jail. And if you continue refusing, there's no limit to jail time. It could be for life, if you're determined enough.
      - staticautomatic 7y ago
        Absolutely not. You cannot be forced to testify against yourself and you cannot be held in contempt for refusing to do so. If you are testifying against someone else there are instances in which you can be compelled. Even then you can't be compelled to testify about anything that would implicate you in a crime.
        mirimir 7y ago
        Actually, in most if not all US states, you do need to explicitly state that you're invoking 5th Amendment protection. And, as you can see from my GP comment, I already acknowledged 5th Amendment protection.
        staticautomatic 7y ago
        Once you invoke the 5th you cannot be compelled to talk or testify against yourself. Full stop. In your post above you said "they can subpoena you," which they can't. You said in that case "you do need to answer questions," which you don't. And you also said you'd have to answer questions "at trial, on the stand," which you don't.
        mirimir 7y ago
        IANAL, but I believe that the 5th Amendment applies on a per question basis. You can't just say that you won't answer any questions. > To sustain the privilege, it need only be evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result.'' [emphasis added] https://constitution.findlaw.com/amendment5/annotation07.html https://constitution.findlaw.com/amendment5/annotation07.htm...

dahfizz 7y ago

Even if you are under arrest, you don't have to answer questions. The fifth amendment gives you the right to stay silent.

idDriven 7y ago
The key here is that as soon as you can afford a real attorney the prosecution often won't go forward. If you take public counsel, poor people in the system call them 'public pretenders' because the vast majority of the time they are buddies with the DA and will just press you to take the plea deal. Ive read about a few exceptions where they actually represent the clients but the vast majority of the time they just pressure you to take the deal and threaten you with the full penalty under law if you don't deal.
mirimir 7y ago
True. And in theory, that's not evidence of guilt. But juries are human, so it might sway them toward guilt, at least just a little. Also, once you have an attorney, they tell you what to say, and may even say it themselves. Indeed, they may prepare a statement, which you just read. However, they can subpoena you, and then you do need to answer questions. With your attorney present of course. And then at trial, on the stand. Edit: And it's not just "stay silent". You need to actually say that you're exercising your right to counsel during interrogation.
- staticautomatic 7y ago
  This is wrong on several counts. They can't force you to talk at all. A subpoena can't compel you to talk. They can't compel you to talk because you have a lawyer. And they certainly can't compel you to take the stand.
  - mirimir 7y ago
    Huh? In the US? If you mean that they won't torture you if you refuse to testify at trial, you're correct. But the judge may declare you in contempt, and throw you in jail. And if you continue refusing, there's no limit to jail time. It could be for life, if you're determined enough.
    - staticautomatic 7y ago
      Absolutely not. You cannot be forced to testify against yourself and you cannot be held in contempt for refusing to do so. If you are testifying against someone else there are instances in which you can be compelled. Even then you can't be compelled to testify about anything that would implicate you in a crime.
      - mirimir 7y ago
        Actually, in most if not all US states, you do need to explicitly state that you're invoking 5th Amendment protection. And, as you can see from my GP comment, I already acknowledged 5th Amendment protection.
        staticautomatic 7y ago
        Once you invoke the 5th you cannot be compelled to talk or testify against yourself. Full stop. In your post above you said "they can subpoena you," which they can't. You said in that case "you do need to answer questions," which you don't. And you also said you'd have to answer questions "at trial, on the stand," which you don't.
        mirimir 7y ago
        IANAL, but I believe that the 5th Amendment applies on a per question basis. You can't just say that you won't answer any questions. > To sustain the privilege, it need only be evident from the implications of the question, in the setting in which it is asked, that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result.'' [emphasis added] https://constitution.findlaw.com/amendment5/annotation07.html https://constitution.findlaw.com/amendment5/annotation07.htm...