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Right to Remain Silent

You have the right to remain silent when being questioned by the police and criminal defense attorney Briana Robertson strongly suggests you do so. If a police officer is asking you questions, it is NOT because he or she is on your side or looking to release you. They are likely looking to incriminate you and everything you say can and will be used against you in a court of law. In this article, we will discuss why you should NOT talk to the police if you are under criminal investigation or facing criminal charges. First and foremost, it is your right! You have the absolute right to remain silent and request for your attorney to be present. Invoking your right cannot be used against you in any way. This means a police officer cannot claim you are guilty simply because you invoked your right to remain silent, nor can a court hold it against you. For these reasons and more, you should always exercise your right to remain silent, it’s the most important right you have. Many people erroneously believe that talking to the police will help them in one way or another. However, in Briana’s years of experience with criminal law, this has not been the case. In fact, throughout the five years of practicing, including as a district attorney, the reason most individuals find themselves caught, proven guilty, or their case ruined is because the individual spoke to the police. On the contrary, those who did not speak to the police usually faired well in court because it forced the police to seek out other forms of evidence and other witnesses to testify against you to prove your guilt. More often than not, the police have difficulty obtaining this evidence and in turn, it hurts their case against you. In some instances, this can even cause charges to be dropped and no hearing or litigation process to take place at all. The inability of the police to obtain evidence or find other witnesses to testify against you renders it difficult for them to put you on trial for the alleged crime and is one key to your successful release. Silence is key when interacting with police. If you remain silent and choose not to offer up any information to incriminate yourself you will find yourself in a much better position than trying to explain your way out of anything. Remaining silent protects you from the police manipulating your words and using them against you. As previously mentioned the act of invoking your right to remain silent cannot be used against you. It is essential to remember that the police are NOT on your side, their job is not to prove your innocence or to help you in any way it is the exact opposite. Their job is to prove your guilt, seek out evidence to use against you, and incriminate you for the crime they are accusing you of. Understanding your rights and the role the police are playing against you will ensure you do not fall for their investigative tricks and entrapment tactics. Many times a police officer will tell you that they are trying to help you, trying to understand the situation, and they will try to convince you that they are on your side. These are all common tactics used by them and are rarely ever true. Don’t fall for it! Understand that the police are allowed to lie to you and manipulate information to get you to speak to them and incriminate yourself. Talking to the police when under investigation is never a good idea. This is why criminal defense attorney Briana Robertson strongly suggests you simply do not talk to them. Inform the police that you are invoking your right to silence and are not willing to talk without your lawyer present. At that point, all talking and questioning should stop and if the police do not have any evidence against you then they have to let you go. In some cases, even after invoking your right to silence the police will hold you on probable cause, but if they cannot find any other evidence to prove your guilt this will only help your attorney further defend your case and render you innocent. In conclusion, very rarely does speaking with the police ever benefit you. This is just simply not the case. The police are not there to be your friend or defend you, they are seeking to incriminate you and prove their case against you. Do not talk to the police without your attorney present, just don’t do it if you are under criminal investigation. If you are seeking advice on a criminal charge or if a loved one of yours is facing a criminal charge do not hesitate to contact the law offices of Briana Robertson. Briana is an advocate for justice, seeks to protect your rights, and wants to ensure you have the proper representation for your case.

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