The Importance of Staying Silent When Arrested
This is Oklahoma lawyer Stuart Ericson just talking about the criminal process. So, you know, in a criminal case sometimes the arrest happens right then and there and your contact with the police is right there at arrest and it’s always tempting to talk and most people do. Even when they’re read their Miranda rights they still talk and then they’re arrested, they bond out, then they hire an attorney and by the time it gets to me, you know, statements have already been made and so I’m already stuck with a lot of stuff.
If they’ve done it properly, if the law enforcement has done it properly, I’m stuck with, you know, almost semi-confessions or full confessions and that’s gonna hamstring my efforts to get, you know, the best deal possible or put us in a good, you know, face towards a jury trial. So, again, if you’re arrested the best advice is to exercise your right to remain silent under the Fifth Amendment. You do not have to speak to the police. You do not have to be interviewed and answer questions. You can say, I exercise my right to remain silent and they can’t question you any longer.
You know, if you’re in custody or not in custody, you don’t have to incriminate yourself and many times you won’t even think you’re incriminating yourself but it happens a lot. You know, let’s say it’s a second-degree rape case and it’s rape because the age difference is so great. It’s a 25-year-old man and a female that’s too young and say, oh, it was consensual. Well, shoot, you practically just confessed because consent is not a defense to statutory rape because of the age difference, the age of consent, and all that. So, again, you have to be very careful.
The Importance of Exercising Your Right to Remain Silent
Oh, I didn’t do that, you know, or I was there, I know her, this, that, or the other. Well, you’re admitting a lot of things that the state no longer has to approve but then you’re just denying the event. So, you know, doing too much talking in the beginning is generally harmful to your defense. So, be very smart about exercising your right to remain silent. It kind of takes fortitude, I think, under the pressure and under the nervousness or a desire to tell your side of the story.
People want to talk but my advice is to exercise your right to remain silent and hire an attorney if you’re arrested and charged with a crime. So, questions reach out to me, Stuart Ericson, at wagonerlawyer.com.
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If you have any questions or need legal advice, don’t hesitate to reach out to me, Stuart Ericson, at wagonerlawyer.com. I offer a free consultation to discuss your case and provide guidance on the best course of action. Remember, staying quiet and hiring an attorney can greatly benefit your defense. Contact me today.