/*
 
 
*/

KEEPING YOUR MOUTH CLOSED — WHEN LESS IS MORE.

By Richard Marcus, Esq.

 

Having a big mouth can get you in a lot of trouble. Especially after you have been arrested.

Everyone knows about their Miranda Rights from all of those great television shows. Unfortunately many people choose not to invoke them. In a time of trouble, it may seem like a good idea to cooperate or tell your side of the story. If you get such a feeling, ignore and instead say: I want to speak to my lawyer and have nothing to say to you. Why do I say this, you might wonder. Well, the answer is pretty simple when you think about it. In our legal system, everyone is presumed innocent until proven guilty. What this means is that the prosecutor must prove your guilt to the jury beyond a reasonable doubt.

 

Go back and read the last sentence again. Better yet, it is worth repeating: The prosecutor must prove your guilt to the jury beyond a reasonable doubt. Notice how the words police or arresting officers is missing from that last sentence. Their job is to get the evidence they need so that the prosecutor moves forward with the criminal case. Why do you think the police want to talk to you? While you may be told that things will go better for you if you cooperate, remember that there is a reason why they need your cooperation, and that is usually to make a stronger case against you.