“You have the right to remain silent.” Every person in American has heard this phrase. It is in movies, on television shows, and it is ingrained into our minds in middle school social studies. But when it is time to remain silent, it seems like nobody does.
Very few people that are accused of a crime request a criminal defense attorney when talking to police officers. As a result, many people that contact our office have given the police all of the state’s evidence to prove their case. If the person accused had said nothing, the person would not be prosecuted with the crime.
As a case to illustrate, I had a 20 year old client that drove into the drive through of a fast food restaurant with a beer can in the center console. The attendant asked the client to pull ahead and wait for the order. Suddenly, he was surrounded by police cars. The beer car was empty, and my client passed all the field sobriety tests, but my 20 year old client blew a .03 on the PBT. He was taken to the police station, where he was given an Intoxilizer BAC test. The test reading was 0.00. Unfortunately, my client had already admitted to the officers in casual conversation that he was drinking that evening.
During the prosecution for minor consumption, the only evidence the State had was his admission that he was drinking. What Minnesota citizens need to know is that it is not a crime to ask to speak with an attorney when you are being questioned by the police, whether the questioning is happening at your own home, on the side of the road, or at the police station. Exercise and use the right to remain silent.
Many people know the right to remain silent as “Miranda rights”. For an overview of why “the right to remain silent” is synonymous with “Miranda”, this is a good post on Miranda rights: http://bflaw.wordpress.com/2008/04/02/miranda-rights-and-criminal-defense/.
If you need a Minnesota criminal defense attorney, please call Attorney John Scott, 612-840-8961.
