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28 October 2008 @ 11:11 pm
Legal Hint of the Day  

(If you live in the US) You have the right to remain silent & you have the right to an attorney. Once you say you want to speak to an attorney, the police have to stop questioning either (1) until your attorney is present or (2) you initiate a conversation with the police. But, you have to explicitly say that you want your attorney. "Maybe I should get an attorney" probably won't cut it. As for remaining silent, once you say you don't want to speak with them anymore, they have to stop talking to you for a 'reasonable' amount of time. That means they can come back after awhile and start questioning you again! Hint: ask for a lawyer - it will buy you more time to start thinking rationally & will provide you with a little protector of your very own.

Note: you have these rights during a custodial interrogation. What does that mean? Either you are under arrest or you are in an arrest like situation. This means that sometimes, when the police 'aren't arresting you' and 'just want to ask a few questions' you could be in a custodial interrogation. If you are, they need to read you your rights or else what you say isn't admissible in trial. If not though, what you say could be used against you later on down the road even though they never read you your rights because technically you weren't under custodial interrogation

So, if you take anything away from all this: If the police are asking you questions and you have reason to believe that you might have done something that looks bad or could get misinterpreted, DEMAND A LAWYER. If the police are questioning you and you actually did do something horribly wrong, such as murder, rape, etc - go ahead and talk to the police - think of them as your new best friend ;)
Current Mood: nerdynerdy
anmarie23: pic#79200821anmarie23 on October 29th, 2008 02:13 pm (UTC)
I guess I watch too much Law and Order, lol. I agree. Some people act stupid and are guilty. They just make things worse for themselves :/.
e_transitionse_transitions on October 31st, 2008 04:02 pm (UTC)
Hehe Exactly. We were just talking about all this stuff in class a few days ago and a couple people were expressing how they never knew about the rules. It seemed like my duty to inform the world ^_^