www.EJEsquire.com
Criminal Defense Lawyer and DUI Attorney in Orange County
If you ever find yourself in the unfortunate position of
being arrested, it’s almost always best to exercise your 5th
Amendment right to remain silent. This invariably is easier said than done. It
seems to be an irresistible impulse to try to talk our way out of being
arrested. But that impulse leads to the most common mistake made by
arrestees—talking your way INTO a conviction. At the Law Offices of EJ Stopyro
we see that mistake made all the time. Everything you say to the police can and
will be used against you. But your post-arrest SILENCE cannot be used against
you; so held the First District Court of Appeals in People v. Tom.
Tom was involved in a high speed car accident and the other
driver was badly injured. After the accident, a police officer told Tom to sit
in the back of the police car. The officer told Tom he wasn’t free to leave.
The officer questioned Tom in the car and at the police station. Much later
that night Tom was formally arrested.
At Tom’s trial, the police officer testified that Tom never
asked how the victim was doing. The Court of Appeal held that Tom’s silence
about any issue cannot be used against him once he has been arrested or is not
free to leave (which constitutes an arrest). The Law Offices of EJ Stopyro
reminds you that silence IS golden. Call us today at (949) 559-5500 for a free and confidential consultation with
an experienced Orange County criminal defense attorney or DUI lawyer in Orange County.
Law Offices of EJ Stoyro
Orange County DUILawyersCriminal Defense Attorneys in Orange County
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