Recent Posts

New Jersey Estate Tax: What You Should Know
Estate Planning for Same Sex Couples
The Court Grants Motion to Suppress Good Case For The Defense Bar
Racial Profiling--4th Amendment Injustice related to evidence supporessed
No Crack Reduction for Career Offenders Even if Sentence is Based On the Crack Range

Categories

Criminal Law
Current Events
Introduction of Jason Matey's blog
Speedy Trial Defense not triggered after 27 month delay
Wills: The Basics
powered by

My Blog

If Arrest Do Not Convict Yourself: Ask for Attorney

Picture yourself, next to a building and I walk by. A brick falls off the building and hits me. When I get up I'm bleeding from the brick hitting me. I say, 'why did you hit me with the brick?'. When the cops get there they ask you why you hit me with the brick, and you say 'I didn't hit him, I was just standing here'. If you are arrested - don't convict yourself. The fact that you admitted being there when I got hit with the brick can be used by the police to charge you with assaulting me and using the brick as a weapon. Whether you are innocent or guilty, when you are being investigated about a crime what you say can be used against you.We are all familiar with the words, 'You have the right to remain silent'. The purpose of the right is to prevent a person being arrested from becoming a witness against themself. Unfortunately, most persons charged with a crime want to explain why they acted the way they did; or, to proclaim their innocence.What frequently happens is that by 'explaining' why you acted the way you did, provides corroborating information that supports the charge. 'I was there but I did not do it...' and 'I did it because...' are both admissions against interest, which are admissible under the Rules of Evidence. One puts you at the scene of the crime, and the other admits you did the crime. It does not matter whether what you say happened is written down or if you sign it. If you make any statement at all, orally or in writing, the statement can be used against you.Often, the cop will make a comment like, 'now is the time for you to help yourself', or, 'if you tell me what happened, I can make sure the Judge knows you helped us when he is setting the bail'. This type of coment is entirely permissible, and is not entrapment or an improper comment by the cop. Not only can the cop say things like this, the cop can lie to you to get you talking. As an example, the cop can say 'you should give us your side of what happened, because your codefendant is giving us a statement saying it was all your fault'.If you are arrested - don't convict yourself. First, Shut your mouth. Second, call an experienced criminal defense lawyer. Remember, anything you say can be used against you, anything the lawyer says CANNOT be used against you. 

2 Comments to If Arrest Do Not Convict Yourself: Ask for Attorney :

Comments RSS
bicycle accident lawyers sydney on Wednesday, January 02, 2013 3:37 PM
If you have been subjected to a false arrest or wrongful imprisonment, and Wrongful Arrest Attorney can provide you with legal options to take in your case in positive direction
Reply to comment


lawyer for car accident on Thursday, June 13, 2013 4:14 AM
I am searching for such type of information for my some legal business problems but your blog gave me lots of information for my business thanks for the blog and keep blogging..
Reply to comment

Add a Comment

Your Name:
Email Address: (Required)
Website:
Comment:
Make your text bigger, bold, italic and more with HTML tags. We'll show you how.
Website Builder
provided by Vistaprint