The Right to Remain Silent – Part 2 of 2

Did you know that simply remaining silent is not the same as invoking your right to remain silent?  As ludicrous as this sounds, the U.S. Supreme Court a few years back ruled that silence is ambiguous and confusing to law enforcement.  (Maybe they shouldn’t be conducting interrogations and investigations, then?)  So, the only legal way to force police to respect your right to remain silent is for you to state plainly and concisely, “I am invoking my right to remain silent. Please cease all questioning efforts now.”  The case which leads to this paradigm is Berghuis v. Thompkins, 560 U.S. 370 (2010).  Be forewarned, and be vigilant about demanding that the police contact your lawyer, if you have one (or demand that they bring you in front of a judge to appoint you one before speaking at all to these investigators).

If you have a family member or friend who is facing charges, or if you are a lawyer seeking assistance with an appeal or post-conviction matter, please call this office immediately.  There are always time deadlines limiting when these claims can be raised.  If you wish to learn more about the process, call now.

Jonathan Laurans wants you to be educated as to what you may be facing.  If you or a loved one has been convicted of a crime in Missouri, Kansas or Texas, or in any federal court, contact him immediately.  Visit his website at www.kansascitymoattorney.com and then call him at (816) 421-5200 for a FREE initial legal consultation.