One of the terrific things about this country is that we own quite a few rights provided to us through the U.S. Constitution. These rights are incontrovertible, which means they cannot be taken away. We do, nonetheless, hold the authority to give up our constitutional rights if we decide. Why would a person ever do that? I possess no idea.
Before I get going, let me point out that this is not meant to be legal guidance, but data. You should not rely on this as legal advice, and prior to making any choices concerning your legal rights you ought to seek advice from a Seattle criminal attorney.
For example, one of the Constitutional rights everybody is familiar with is the right to stay silent. More specifically, the Constitution states, “No person shall be compelled in any criminal case to be a witness against himself.” This has been interpreted to indicate many things, the key of which is that you are not required to offer information to law enforcement that would potentially be used in opposition to you. And even further than that, your Constitutional right to privacy prevents the state from utilizing your silence in opposition to you as evidence of your fault.
For instance, let’s pronounce you are driving around in Seattle, Washington. You’ve had a few of beers and are on your way home when a cop pulls you over. He approaches the sports car and says your back light is out and he’d like to see your license and registration. You comply, and he goes off to confirm your license and inscribe you a ticket (seemingly). Or possibly he merely takes your license and dives right in with “I notice the smell of alcohol on your breath, own you been drinking tonight?” Your decision from that point on should be clear – discontinue discussion and commence looking for the cell number for your Seattle criminal defense lawyer.
Why should you cease speaking? For the reason that anything you state is apt at that point to give information to the cop that will later on be utilized in opposition to you. He doesn’t necessarily own to provide you a Miranda warning at that moment since he is still investigating (although some maintain he should) your possible DUI. But that doesn’t suggest that any data you give him he’ll merely keep to himself. The proper answer would be to courteously, and I emphasize politely, decline to answer his inquiries. Whatever you do, don’t tell untruths – that in no way concludes well.
And what on the subject of when he says, “okay, but if you aren’t hiding anything you should merely talk.” Red flag to not speak anymore. just be silent and sit there until he decides to do something additional. And do you discern what the beauty of this is? Your refusal to cooperate by answering his inquiries cannot be utilized against you in court. It is an use of your Constitutional rights, and the exercise of those rights can’t be utilized against you (presumably).
So remember, the next time you are driving around in Seattle after a couple of cocktails and get pulled over, give the officer your license and insurance data and deliberate politely refusing to answer any other inquiries. And during this time think about calling your Seattle criminal lawyer in Seattle to be advised how to continue from there.