Cape Cod Criminal Attorney Jim Dillon advises his clients to be polite and respectful, but STAY SILENT until speaking to an attorney when a legal matter arises. This specifically refers to the police whether being pulled over on the road, visited at home or contacted by phone or mail.
A common variation of this is “You have the right to remain silent, anything you can and say will be used against you in the court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind do you wish to speak to me?
Police Can and Will Ask Questions
The miranda rights are familiar to most people but not always remembered in the heat of a moment or when something potentially illegal happens. You’re not ‘not following the law ‘ when refraining from answering questions or relaying information without an attorney present. In fact, the police are not required to read or advise you of your miranda rights before asking any questions. If someone is NOT IN POLICE CUSTODY, there is no miranda warning required and whatever you say can be used in a court room or at trial if you’re later charged with a crime.
Limit any hostility and kindly inform law enforcement that you have an attorney (and if you don’t, get one) and they can speak with them.
Criminal Attorney Advises Clients to STAY SILENT
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Cape Cod Criminal Attorney Jim Dillon states “Every citizen wants to do the right thing, and help the police solve crimes; but you also don’t want to violate your Miranda rights, and say something incorrect – or worse. My advice is to be polite and always be respectful, but to inform the officer that you’d like a lawyer to speak on your behalf. This applies whether you’re approached in person or pulled over, or contacted by phone or mail. My Sandwich practice is well versed in OUI, restraining orders, breaking and entering, assault and battery, and other criminal matters. Remember – be respectful, but stay silent.”
When a criminal matter arises, contact Attorney Jim Dillon at 508-743-0259.