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Why should I exercise my right to remain silent?

August 1, 2011

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It is in your best interest if you are placed in police custody, or if you’re in a position, even at roadside, where you’ve been pulled over and an officer is asking you questions, you have the right to remain silent. You do not have to answer questions that are out to you. And I think very often people feel obligated by, whether it’s a guilty conscience or they think it’s the right thing to do to always cooperate and provide information to the police, it’s not in your best interest. You’ve heard the expression “everything you say can and will be used against you,” that is exactly what will happen. If you were at road side, if you’ve been pulled over, if the police begin to ask you questions, you should not answer the questions because everything that you say can and will be used against you. It will be construed and looked at from the perspective of an arresting officer who is making the arrest for a prosecution that’s going to come later. Everything you say will be included in this report, and if it’s damning, if it affects you adversely, it will certainly make it’s way into the report and into the courtroom. If you refuse to answer questions, if you exercise your right to remain silent, that’s not admissible, they can’t use that against you in a courtroom, the fact that you’ve exercised your constitutional right to remain silent. It’s always in your interest to be cooperative, to be polite, not to be belligerent, not to give the police a hard time, but at the same time, it’s not in your interest to answer questions. The less you say, the better. As I said, be cooperative, polite, but keep your mouth shut, don’t answer questions, and then talk to an attorney.

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