Forum Settings
       
1 2 Next »
Reply To Thread

Speak up to stay silentFollow

#27 Jun 02 2010 at 2:45 PM Rating: Decent
Encyclopedia
******
35,568 posts
Samira wrote:
Quote:
The only reason to speak to police interrogators is to convince them that you didn't commit any crime and therefore avoid having charges filed.


Where is Admiral Akbar when I need him?


Lol!

Ok. But are you actually arguing that it's a bad idea to talk to police if you think you can explain away the situation and avoid getting charged with a crime, but it's a good idea to talk to them after you've been charged? Cause that just seems... dumb.
____________________________
King Nobby wrote:
More words please
#28 Jun 02 2010 at 2:52 PM Rating: Excellent
Will swallow your soul
******
29,360 posts
I'm saying once you think you might be under suspicion, whether you've been charged or not, and regardless of your innocence, you should dummy up. Period.

____________________________
In a time of universal deceit, telling the truth is a revolutionary act.

#29 Jun 02 2010 at 2:57 PM Rating: Good
gbaji wrote:
The police are only required to inform you of your rights when they detain or arrest you.


I thought that, as well. Apparently in my little podunk town, when they arrest you, they don't read you your rights. You are only read your rights once you are in front of the magistrate. Does that sound wrong?
#30 Jun 02 2010 at 3:10 PM Rating: Good
Belkira the Tulip wrote:
gbaji wrote:
The police are only required to inform you of your rights when they detain or arrest you.


I thought that, as well. Apparently in my little podunk town, when they arrest you, they don't read you your rights. You are only read your rights once you are in front of the magistrate. Does that sound wrong?


Sounds OK. If they fail to read you the rights before questioning, then, generally, anything you answered from that questioning would not be admissible. However, statements made before being read the rights are admissible so long as they did not question you.

I'm talking constitutionally, not procedurally. Police in many places may well be required to read you your rights at a certain point.
#31 Jun 03 2010 at 8:56 PM Rating: Decent
**
250 posts
I'm going to quote Findlaw.com just to clear up some things in case anyone had any questions about what happens if your Miranda rights aren't read.
Quote:
What if the Police Fail to Advise Me of My Miranda Rights?

When police officers question a suspect in custody without first giving the Miranda warning, any statement or confession made is presumed to be involuntary, and cannot be used against the suspect in any criminal case. Any evidence discovered as a result of that statement or confession will likely also be thrown out of the case.

For example, suppose Dan is arrested and, without being read his Miranda rights, is questioned by police officers about a bank robbery. Unaware that he has the right to remain silent, Dan confesses to committing the robbery and tells the police that the money is buried in his backyard. Acting on this information, the police dig up the money. When Dan's attorney challenges the confession in court, the judge will likely find it unlawful. This means that, not only will the confession be thrown out of the case against Dan, but so will the money itself, because it was discovered solely as a result of the unlawful confession.

#32 Jun 03 2010 at 9:29 PM Rating: Good
Gurue
*****
16,299 posts
Samira wrote:
Quote:
The only reason to speak to police interrogators is to convince them that you didn't commit any crime and therefore avoid having charges filed.


Where is Admiral Akbar when I need him?


Screenshot
1 2 Next »
Reply To Thread

Colors Smileys Quote OriginalQuote Checked Help

 

Recent Visitors: 389 All times are in CST
Anonymous Guests (389)