If you have ever watched a crime show or movie, you have probably observed a scene where a person is arrested and the cop says, "You have a right to remain silent. Anything you say can and will be used against you in a court of law."
Your right to remain silent is not fiction. It is a real, substantive right afforded to all citizens of this Commonwealth by the United States and Pennsylvania Constitutions. However, while most people are aware of their right to remain silent, how they should assert it and the scope of the assertion is often misunderstood.
To begin, based on multi-media depictions, many people believe the police must "read you your rights" at the inception of an arrest. Not true. Police are only required to advise you of "your rights" once you have been arrested and prior to subjecting you to questioning. If you are placed under arrest, the police fail read you your rights, but you make an unsolicited admission to a crime, you may be stuck with that admission.
Further, you do not have to be placed under arrest in order to assert your right to remain silent. There are many circumstances when you are not officially under arrest where the police may attempt to exploit the circumstances in order to obtain an incriminating statement from you. If you do not fully understand your rights and their full scope, you may mistakenly seal the prosecution's case against you for them.
Additionally, while your right to remain silent is specifically set forth to protect you from unknowingly offering the police a self-incriminating statement, your assertion of this right should extend beyond the police in practice. In many instances, a person under investigation should avoid making statements or discussing their case with anyone, including family and friends. This can be extremely difficult because it is often family and friends who provide a necessary support network during an extremely difficult and stressful time, like facing criminal charges. However, if not careful, you could inadvertently make an incriminating statement to an apparent friend who later becomes better known as "witness for the prosecution."
Navigating your way through a criminal investigation or impending criminal charges presents a significant uphill battle. This is not something you should do alone. It is akin to going to a gun fight without a gun or ammunition. When faced with possible criminal charges, equip yourself. You wouldn't go into a gun battle unarmed or without ammunition so don't expect to receive justice from the criminal justice system if you are not represented by a professional and experienced
PA Criminal Defense Attorney.
With the right Criminal Defense Lawyer in your corner, you will have someone who can insulate you from the police before you make their case against you for them. You will have someone that can offer you guidance and hope. When your family and friends try to discuss specific facts of your case with you, you may fear that failing to openly communicate with them may have an alienating effect. However, with counsel, you will have someone to help you navigate through these delicate situations and deflect alienation.
If you are the focus of a police investigation, sought by the police for questioning,or facing criminal charges contact us today for a free, initial phone consultation.