"Sometimes people get confused and think that informal conversation is okay, as long they don't 'make a statement,' or 'give a confession.' That's dangerously wrong. Anything you say (anything at all can be used against you, even questions, casual remarks, and jokes. It doesn't matter whether your words are written down or spoken, or whether you're in custody or free to go. And your statements can easily be twisted, taken out of context or misquoted. It's impossible to predict all the things that could go wrong once you start talking. So the only safe course is to remain silent."
"If you've been arrested and break your silence to give your name and address, immediately follow-up by repeating the Magic Words: 'I'm going to remain a silent. I would like to see a lawyer.' This restore your constitutional protection, making it illegal for the police to question you further.'
"The only exception to remaining silent is giving your name and address. You will have to provide that information if you want to be 'released on promise to appear.' Do not give any other information such as your social security number, the names of family members, employment data, etc. This is important because one of the most effective police interrogation techniques is to relax the subject by posing safe, normal questions- the kind that come up on countless forms and applications."
This is what Attorney Kataya said.
Saturday, September 6, 2008
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