June 11, 2008 By Wallin & Klarich

“I ‘ain’t’ telling you nothing.” Believe it or not, the United States Constitution allows you to tell that to any law enforcement agent, when questioned by them! Under the Fifth Amendment to the Constitution, we all have a right to remain silent! While many of us might have learned about this right in grade school, most times we forget about it and do not exercise it.

Chances are most of us have been approached by a police officer, whether it be during a simple traffic stop or for something more serious. During these times, there are several reasons why we might forget to exercise this right when questioned by law enforcement. For example, we might get nervous when approached by the police, many of us have been taught in school that the police are good and so we assume we are doing the right thing by talking to them, or we might think we are being untruthful unless we talk to the police, etc.

Nonetheless, it is in your best interest to exercise your right to NOT make any statements and/or answer any questions. Many times our words can get misconstrued by police, used against you later, etc. The only thing that you are required to do when approached by police is to identify yourself (or if driving a vehicle provide proof of insurance and registration) and THAT IS IT! Many people make the mistake of assuming that they were ok to talk to police because they were not read their Miranda rights. However, you do not need to be read your Miranda rights in every instance. Thus, there is a good chance that what you say could be used against you, even if you were not read your Miranda rights.

Finally, it is important to remember that by refusing to talk to police, you are NOT being dishonest! By refusing to talk to police, you are NOT breaking the law! By refusing to talk to police, you are simply exercising your fundamental right to remain silent!

If you are approached by the police, do yourself a favor and keep quiet. Then call Wallin & Klarich immediately. Wallin & Klarich has been in the business of helping people deal with pestering police detectives, as well as helping people with their various criminal law issues for over 30 years and it would like to help you with yours! Call Wallin & Klarich today and a criminal defense attorney from the firm will be able to evaluate your case. Wallin and Klarich is always available 24 hours a day, 7 days a week. Visit us at www.wklaw.com

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