You Have the right to remain silent?
So does this mean anyone can chose to remain silent through any interrogation... arraingment and trial? preliminary hearings and so forth? can you literally say nothing the whole time and let the defense attorney do all the talking?
Sorry for any spelling errors. it is not giving me the option for spell check.
Answers:
The United States constitution is clear that you are not compelled to testify against yourself... You don't have to say anything at all. You don't even have to deal with interrogation. Just say nothing or say, "I need an attorney." Police are actually trained to keep the momentum going in an interrogation so you don't get the chance to ask for an attorney or you fee obligated to say something.
The 5th Amendment of the Constitution says:
"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."
Yep
cute
Yes, throughout it all. You do not have to incriminate yourself ever
That's what that means. You don't have to say a single word. At trial, you can plea the 5th, as in the 5th amendment, which gives you the right to not testify against yourself.
(Is this you Alberto?)
i don't think during a trial. I believe a judge can order you to answer a question if asked during examination.
yes. You may be called upon to enter a plea at the arraingment but the attorney can enter a not guilty plea for you. You might WANT to talk some. For instance, if you want to reduce the bail, you will probably want to talk to the appropriate person about your identity, where you live, how long, jobs, etc. But, throughout any interogation and all court appearances, you have the right to say nothing. Exercise of the right can hurt you in that you fail to prove something, but that is a tactical decision. For instance, if you claim self-defense in a murder, and elect not to testify, the jury will be instructed not to use your silence to determine if you committed the homicide, but your failure to testify may preclude the jury from finding self-defense.
This is ASOLUTELY true. It is often the best course and NEVER lie. That could be used against you. Waiting until you think things through a day or two and speak to a lawyer privately before any statements. Also, limit yourself in words. The more said, the more the morons have to miss-intereprate. "None of your busines" is often a good reply, as is "I'm not answering that". If you say that and are then pressured by threats, DO NOT break down. Also, avoid any offers of easy treatment. They are usuallly B.S. If you go to court, eye up the judge and the jury pool. Women can be very vindictive, especiall if harm happened to a woman, girl, male under 25, baby, etc. It is often better to have a trial with only a judge.
Can you...yes. If you have the ability not to let your anger put the facts straight then yes. In some situations itmay be better to be quiet the whole time. Especially 'cause it shows you won't put up with this idiocy and your values are keeping u quiet. However, in others it would just make you look guilty beyond all doubt. So you should choose wisely but it is definetly your choice. They can not make you talk. (short of torture...the evil *&$%&#@$)
no. There are certain instances where you will be held in contept of court by not answering the questions.
examples are those news reporters and writers who went to jail for not giving the court their sources when asked. Remember Watergate?
The law says that you can , not give information, it doesnt say that nothing will happen to you.
This law is actually supposed to take away the threats of police from getting you to talk before you have access to a lawyer to advise you. The lawyer then helps them from being tricked into saying the wrong thing or signing the wrong paper. It is not changing the action and consequenses of the action that you are keeping quiet about, it is allowing you to keep quiet until you have legal advise.
In court it not so much helps the central indicted figure of the trial, but helps the secondary witnesses not to say something if it would indict them, and make matters worse for them.
What has been substituted in recent years(Reagan) is not "I take the fifth", but " i don't recall" " I don't remember, sorry" There are instances where this works like if there is no logical answer other than your own. If a reporter wrote a story from a source, it is logical that he knows that source and cannot say he doesnt recall and would be held in contempt.
In the United States? Yes. It is your 5th Amendment Right against Self-Incrimination. That is why in the Courts you will hear some people on the stand say they plead the 5th.
If you plead the 5th, then you have every right to remain silent.
The interrogators are trained to make you THINK you have to talk, or they can make it sound like you did something really bad and trick you into speaking in order to defend yourself. They will never tell you that you HAVE to talk (that would be illegal) but they will do everything within their power to make you think that way.
If you're arrested/detained/ or whatever else, you can say "i plead the 5th, I need an attorney." and from that point on, you DO NOT have to say anything else. Listen to your attorney though, because they know how to do their jobs.
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