The United States Supreme Court recently issued an opinion about your right to remain silent when questioned by the police.
The decision is frankly horrible and practically overrules the 44 year old Miranda decision which protected the individual’s right to remain silent when police tried to coerce a statement from the citizen accused without advising of the right to remain silent.
The Court ruled that you must TELL THE POLICE THAT YOU WISH TO REMAIN SILENT!
Merely remaining silent is not enough to protect your constitutional right which was designed to avoid torture by the government police and then the use of a statement made as a result of that government coercion against you in court.
This is an incredibly bad decision and reminds all of us that you should NEVER EVER TALK TO THE POLICE WITHOUT A LAWYER!
Whether it is a DUI case or any criminal investigation you must now affirmatively tell the police; “I am exercising my right to remain silent, and I want a lawyer.”
Joe Kirwan, associate with Tom Silverman and expert criminal defense attorney in Glenwood Springs, Rifle, Aspen, Eagle, Carbondale, Meeker and surrounding area.