If I have commited a crime, or if i think I may have done something Illegal, or If I just don't feel like talking about something, can I refuse to talk? What is hindering or obstructing an investigation. If the police threaten me with hindering and I talk, can what I say be used against me?
Answers:
If you have done nothing wrong but refuse to speak with police or authorities concerning a crime they think you know something about, you can be charged with obstruction of justice. It is a punishable offense that could involve jail time.
If you are being accused of a crime, you can refuse to say anything without a lawyer present.
If you decide to talk (which is wise, I might add), you have nothing to fear unless you actually DID something wrong.. If you did something wrong, then ask for a lawyer.
What you must understand is that sooner or later, one way or another, you will tell what you know because the court will order you to.
You should take your lawyer with you.
Police don't see their job as finding truth or getting justice. Their job is to arrest people, they make up some lies that show they did the right thing.
In dealing with police it is best to use the five words.
I have nothing to say.
do you have the right not to incrimminate your self its called the fifth ammendment of the constitution but if you have done nothing wrong then you shouldnt have anything to worry about.
The "Right to remain Silent" is part of the Miranda warning. this is a warning advising you of your rights.
It is mistakenly thought of as a condition of arrest. a myth perpetrated by hollywood TV shows and movies.
You do NOT have to get Mirandized when you get arrested if you are being arrested on evidence.
Also you will get Mirandized if you are being questioned as a suspect but have not been arrested.
The Miranda rights are yours PERIOD. whether you are arrested or not.
Miranda rights. You have them. That includes the right to remain silent, which is probably the best thing to do anyway, so that your statements can't be later twisted by corrupt cops and DA's.
The U.S. Constitution and it's Bill of Rights bestow our rights and freedoms as Americans.
You don't have to remain silent if you haven't been arrested
however, if what your saying interferes with a criminal investigation, then yes, you are obstructing or interfering
Remember, the law protects the citizens but it also protects enforcement agencies, so if you are considered a threat to the quiet enjoyment of others, chances are you will be charged with obstruction and/or hindering an investigation.
You could also be charged with criminal contempt, disorderly conduct or any similar charge. Of course, this could all be dropped but why would you want to take the chance and interfere in the first place.
Hindering or Obstructing is just what the dictionary states it is. See the links (wikipedia and dictionary.com)
Anything you say can be used against you in a court of law.
which is why they read you the Miranda - make no mistake, law enforcement agencies "know" the law - it's their job - and the law is on their side. So think twice and know the consequences of your actions before you act. If all else fails, talk to a lawyer or someone who knows the law.
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