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During the course of an investigation and frequently after an arrest has been
made, law enforcement will often suggest to someone that they just want that
person to be able to provide their side of the story.
Sometimes an officer might suggest that the district attorney or even the judge
would not be pleased if that person didn't cooperate by answering a few
questions. Occasionally police officers will literally suggest that the refusal
to answer questions
- which is a constitutional right - may result in additional charges of
obstruction of justice
the Fifth Amendment to the United States constitution guarantees to each of us
the right to be free from making self incriminating statements in the criminal
investigation
the sixth amendment guarantees each of us the right to be represented by
counsel and have counsel present during any evidentiary questioning or
interrogation by police
these are two of the most important rights we have when it comes to
preparing a strong defense against criminal accusations
people need to understand that no good can come from awaiting their
constitutional right and agreeing to voluntarily speak with law
enforcement during a criminal investigation in hopes of just
explaining the situation
as defense counsel i cannot begin to express how disconcerting it is to
represent someone in a criminal case where clearly the most compelling evidence
and sometimes the only evidence against that person
is the statement that they agreed to make following a voluntary waiver of
their constitutional right to remain silent
if there is any advantage at all or any concession to achieve from providing
information to the prosecution in a criminal case
that advantage or concessions is best negotiated by a lawyer
if you find yourself in a position where law enforcement is questioning you
exercise your fifth amendment right to remain silent
invoke your sixth amendment right to counsel
preserve every available defense in your case and afford your lawyer every
opportunity to defend you or to negotiate effectively on
your behalf