You have the right to remain silent...

[trv26]

So a hypothetical question. Were someone ever to fall foul of the law, is it ever a good idea not to remain so? Can remaining silent be taken as an admission of guilt later.

If not what can the advantages of speaking up about your side of the story after being read your rights be, if at all?

 

[SmoothTalker]

Watch and learn http://www.boingboing.net/2008/07/28/law-prof-and-cop-agr.html

Short answer - no, remaining silent is not proof or evidence of guilt and will generally be in your best interest.

The only possible exceptions are for very minor issues. If you get pulled over for speeding or running a stop sign, or charged with public intoxication or peeing in public or something you might be able to get away with it by confessing and acting scared/sorry.

If you've been arrested and read your rights, that's getting pretty serious. Shut up and get a good lawyer.

 

[Deep Dish]

Police officers are evidence collectors and theoretically speaking are not supposed to pass judgement of guilt as that is not their role in the legal system. Theoretically, also, police officers are supposed to use their discretion—discretion defined as electing not to act when they are statutorily required; they are to treat all infractions of the law the same—do the crime and pay the dime. Obviously, however, that is incongruent with reality. Officers do exercise discretion and they do pass their own judgements. This creates a tango which officers and civilians dance, as people talk and try to be cooperative in hopes of leniency while simultaneously digging themselves into an ever bigger hole. The strategy does sometimes work but it's playing Russian roulette with your freedom and lady luck doesn't treat everyone the same. In fact, for some crimes such as DUI or weed possession, many states have upfront diversion programs where charges are basically dropped for first-time offenders but it's only available to people who basically desisted and relinquished their legal protections during their incident.

There's a guy I know who once went fishing in a wildlife reserve (or something along those lines). After some while, a plainclothes officer in a boat spotted him smoking weed. So the plainclothes officer strikes up a friendly conversation for a few minutes and meanwhile the guy is waving around a pipe in his hand. Totally busted, right. Well, the guy explained why he was there, how it was a day for him to get away from his wife and be just by himself disturbing nobody. Turns out he was smoking weed on federal land and so the officer couldn't let him go, but because the guy was so personable, explanatory, and cooperative, the officer wrote him a small ticket rather than arrest him. So, it boils down to the personality of the officer, you, the offense, the situation, and sheer luck, but any good lawyer will advise to remain silent. As SmoothTalker said, silence is not evidence of guilt.

 

[Pakwah]

Personal Story -

I had crap happen to me, my sister and 2 lawyers that called to talk to me while at the station (yes, two), all said not to say anything
Me, thinking i didn't 'do' anything, started talking...bad move

The point being, the cops, if u are arrested - are about making a case - you are the bad guy - saying anything comes back in court - talking does nothing to help you - wait it out and talk to a lawyer and let them decide whats best to say - cuz in a court room you must be found guilty beyond a doubt - if there is doubt....you walk

Never ever make a statement, guilty or not. Sit there and stay quiet

After i left the cop place, everyone said - 'Why did you say anything?? Your stupid!!' - Yes i was....

 

[Dust 2 Dust]

Any lawyer will tell you that you should never answer any questions without a lawyer present. The only exception to this rule would be giving your side of the story after an auto accident. if you're ever pulled over by the police for a traffic violation you should accept the citation, but make no statements about the incident and do not admit guilt.

There are no advantages to giving your side of the story without an attorney present. There's no sense in giving officers fodder to use against you. If you decide to give your side of the story you should do so with a lawyer present. That way the lawyer can monitor your statements and prevent you from incriminating yourself.