Be Careful Of Your Right To Remain Silent

The Supreme Court issued its ruling on Salinas v. Texas. In this case, prosecutors used Salinas' right to plead the fifth against him. Salinas was not arrested and not read his Miranda warning. During informal questioning by police, officers claimed Salinas was talkative until he was asked if the shotgun Salinas handed over to police for testing would match the shotgun shells found at the scene of a double homicide. When asked about the shotgun casings, Salinas clammed up.

As many of us know, the first line of your Miranda warning is, "You have the right to remain silent." By remaining silent, you choose to not comment on the situation as not to incriminate yourself. It is the smartest thing you can do when facing criminal charges. Once you've waived that right, you are subject to having your own words used against you.

What happens when you elect to remain silent? As the rights read, "You have the right to REMAIN silent." What is not implied is that you have to orally tell the police that you are going to remain silent. Now, what lawmakers are arguing is that if one does not invoke their fifth amendment right either verbally or through written communiqué, then the prosecution can use their silence as a detriment against them, contradicting the whole idea of remaining silent.

Where this becomes unfair and even biased is in the case of those who don't speak English fluently, suffer from mental or physical handicap, are too confused, scared, incompetent to orally convey their wish to remain silent. Doesn't silence speak for itself? Do we really need to declare our silence to convey it?

More importantly now than ever, if you are arrested or simply called in for informal questioning, do not speak to anyone without having your lawyer present. Contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 immediately. After the Supreme Court's ruling, your right to remain silent can now be used as an admission of guilt against you.

What Rights Does My Child Have When Facing Criminal Charges In California?

If your child is faced with a crime and is suddenly in the custody of the police, make sure you and your child know your rights. Just like an adult facing serious charges, a child has rights as well. It is in your best interest to familiarize yourself with law and make diligent efforts to ensure that the police and prosecutors are treating your son or daughter justly.  

In the state of California, when a police officer takes your child to a probation officer at juvenile hall, that officer has a duty to notify the child's parent or guardian.

Your child has a juvenile right to make two phone calls. One to their parent or guardian, a responsible relative, or their employer.
Your child also has a right to make a second call to an attorney.

By law, your child has a juvenile right to make the calls at public expense if the call is local and made in the presence of a public officer or employee. Any public employee who willfully deprives your child of this right is guilty of a misdemeanor pursuant to WIC 627. 

Whenever your child is taken before a probation officer, he or she is required to inform your child and his or her parent or guardian that anything your child says can be used against him/her and that your child has a right to remain silent, have a counsel present during interrogation, and inform the child that he (or she) has a right to have an appointed counsel if your child cannot afford an attorney.

Knowing your rights can be the difference between a life saved and a life wasted. If you or someone you know has a child facing criminal charges, contact San Jose Criminal Defense Attorney William Chestnut at 408-298-6990 for more detailed information pertaining to your California juvenile case.