cops: you have a right to remain silent
suspect who is innocent: *remains silent*
cops to judge: anyway the suspect was unhelpful the whole time, they didnt say anything, I’m pretty sure theyre guilty based on that.
Don’t say shit. Get a lawyer.
the cops will try shit like “Oh if you aren’t guilty why do you need a lawyer? only guilty people need lawyers.”
Its not true. Get a fuckin lawyer
Guys, guys, both the right to remain silent and the right to a lawyer HAVE TO BE INVOKED. Sitting silently is not considered an unambiguous invocation of the right since Berghius v. Thompkins in 2010 (while under arrest) and Salinas v Texas in 2013 (when not under arrest). There’s no magic words, but be clear, be explicit. Say something to the effect of “I am exercising my right to remain silent and I want to speak to an attorney” and then DON’T SAY ANYTHING ELSE (speaking up again, even to ask for a fsking drink, may indicate you are waiving the right until you once again invoke).
http://criminal.findlaw.com/criminal-rights/invoking-the-right-to-remain-silent.html
https://sfcriminallawspecialist.com/blog/invoking-your-right-to-remain-silent/
https://www.aclu.org/know-your-rights/what-do-if-youre-stopped-police-immigration-agents-or-fbi
Say that and get a lawyer EVEN IF you know you broke the law and intend to plead guilty in court. Police make mistakes, police try to charge you with more than you actually did, and whether they’re fucking up honestly or deliberately being nefarious you need a professional on your side when dealing with them.
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