One of the wonderful things concerning this country is that we retain numerous rights provided to us via the U.S. Constitution. These rights are inalienable, which means they cannot be taken away. We do, nevertheless, retain the authority to surrender our rights if we wish. Why would a person ever do that? I own no concept.
Before I get on track, let me emphasize that this is not intended to be legal guidance, but information. You should not rely on this as legal counsel, and prior to committing any choices on the subject of your legal constitutional rights you should seek advice from a Seattle criminal attorney.
For instance, one of the Constitutional rights every person is familiar with is the right to remain 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 connote many things, the foremost of which is that you are not required to present information to law enforcement that would possibly be utilized against you. And even further than that, your Constitutional right to privacy prevents the state from using your silence not in favor of you as substantiation of your responsibility.
For example, let’s utter you are driving around in Seattle, Washington. You’ve had a few of cocktails and are on your way home when a police officer pulls you over. He approaches the automobile and states your back light is out and he’d like to see your license and registration. You comply, and he goes off to verify your license and record you a ticket (seemingly). Or perhaps he merely takes your license and dives right in with “I notice the smell of alcohol on your breath, hold you been drinking tonight?” Your choice from that point on ought to be evident – discontinue talking and begin looking for the number for your Seattle drunk driving attorney.
Why should you cease speaking? Because everything you declare is likely at that point to provide information to the officer that will later on be used against you. He doesn’t necessarily possess to give you a Miranda warning at that moment because he is still investigating (though some claim he ought to) your potential DUI. But that doesn’t represent that any data you give him he’ll just keep to himself. The correct reply would be to politely, and I stress courteously, refuse to answer his inquiries. Whatever you do, don’t lie – that in no way ends well.
And what concerning when he says, “okay, but if you aren’t hiding anything you should merely talk.” Red flag to not talk anymore. just be silent and sit there until he decides to do something additional. And do you make out what the beauty of this is? Your refusal to cooperate through answering his inquiries cannot be utilized against you in court. It is an use of your Constitutional rights, and the exercise of those constitutional rights can’t be used against you (presumably).
So remember, the next time you are driving around in Seattle after a couple of drinks and get pulled over, give the officer your license and insurance information and deliberate courteously refusing to answer any other questions. And during this time think regarding calling your Seattle criminal defense attorney in Seattle to be advised how to continue from there.
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