1.
It is only
until recent times under western civilization in which someone had the right to
remain silent. Throughout history
people confronted by the police were tortured until they confessed (even today
in some countries, China, Iran, North Korea, among others) The constitution of
the United States affords that scared privilege of remaining silent without
torture, why give up that right.
2.
When police
decide to question you that usually means they do not have enough evidence to
arrest or charge you. If they have
sufficient probable cause for an arrest or charge most often they will just
take you into custody. If they start to
ask you questions first that usually means that they do not have enough
evidence and they are asking you to convict yourself out of your own mouth.
3.
Under federal
law giving a wrong, false, or misleading answer to a federal agent in of itself
is a crime.
4.
When someone
starts talking they usually get carried away with themselves, get careless,
become forgetful, and might even say something that might harm themselves. In other words, false confessions are more
common than we might think. Even with
an intelligent suspect under questioning by an aggressive police officer, there
is a chance that an innocent suspect might say something that makes them sound
guilty.
5.
Cops are
trained to dominant the conversation during an interrogation, and if you begin
talking and telling your side of the story, which they disagree with, they will
cut you off, and not allow to speak about your innocence’s. So in other words as long as you are talking
about your guilt you are free to speak, when you speak about being innocent you
will be ignored, interrupted and cut off.
6.
Words and the
meaning of words are powerful tools.
Even when you give a confession in which you assert your innocence’s,
the law enforcement officer taking down your statement will usually not give a
word for word interpretation of what you are saying, but his opinion of what
you are saying, which of course, will make you sound guilty, or hiding
something. Words are powerful and will
bite you in the butt at trial or with a motion.
7.
Don’t fall for
the bait that only innocent people remain silent, or the second bait trap that
this is your time to give you side of the story. When it is time to give your side of the story it will be at
trial, or after speaking with your attorney. If you want to give your side of
the story it will be on your terms not on the terms of aggressive interrogators
on their turf and on their terms. For
mothers, don’t fool for the trap that the cop will call DYFS and have your
children taken away if you don’t talk.
It is illegal for them to say that, but they use it all the time.
8.
If you are
under arrest it is for a reason. After handling thousands of criminal cases for
23 years I never met a suspect that was able to talk him or her out of being
arrested, charged and detained, by giving a statement. In fact, it is usually the other way around,
someone you enters the police station through the front door innocent without
the police having any probable cause for an arrest, leave the back door in
cuffs because of their big mouth. Don’t
be fool for the trick that we are looking to get your side of the story so that
you can go home.
9.
Our law
provides that anyone subject to police questioning has the right to consult a
NJ Criminal Defense lawyer prior to questioning. If you
speak first, without consulting a lawyer, the damage might have already been done,
and there might be very little the criminal defense attorney can do after the
fact.
10.
Lastly, as all
fishermen know, “I fish doesn’t get caught until it opens its mouth.”
I hope you have
found my insights helpful and of course, I wish you good luck, and that justice
be done with your not guilty verdict.
Law Office of
Vincent J. Sanzone, Jr., Esq.
P.O. Box 261
277 North Broad
Street
Elizabeth, N.J.
07207
Office: (908) 354-7006
Cell: (201) 240-5716
Dated: January 1,
2013
“If you want peace
work for justice.” Pope John Paul, I
Newark Criminal Defense Attorneys, Elizabeth Criminal Defense Attorneys, Jersey City Criminal Lawyers, Bayonne Criminal Lawyers, Hackensack Criminal Lawyers, Bergen County Criminal Attorneys, NJ Criminal Lawyers, NJ Criminal Lawyers
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