Question:

When accused of a crime are you required to give a police statement if the you are asked to by an officer?

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im not under arrest but if i dont give a statement is there any chance the police will show up at my house?

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  1. They tell you the answer to this when you get arrested.  "you have the right to remain silent.  Everything you say can and will be held against you.  If you cannot afford a lawyer one will be appointed to you . . blah blah blah"


  2. NO-NEVER GIVE A STATEMENT WITHOUT A LAWYER

    Remember

    NO POLY

    NO STATEMENT

    NO WAIVER

    If you want to s***w with the cops (like when you know for sure your lawyer is going to be there within 15 minutes) tell them you waive your rights but refuse to answer any questions-lol-drives them nuts. Do not drink anything offered-they won't let you go to the bathroom, do not engage in any small talk, do not let them tell you you are not a suspect they are only asking questions and your non participation can be used against you or you can be charged for hindering a police investigation. Merely tell them you need to be clear on your facts and for that you must wait for your attorney.

    ***cops are legally allowed to lie to get to the trueth

  3. Absolutely not.  Search for case law such as Miranda advisement or Escibido on most search engines and you will find all the information you need.  The right against self incrimination is also protected by the United states Constitution.

  4. The officer needs to read you your Miranda rights before any questions are admissible in the case.  If you voluntarily give information without being read your rights, that is admissible.

    Plus, you don't have to answer anything at all.  With or without a lawyer present.  Hence the Miranda rights: "You have the right to REMAIN silent.  If you give up that right, anything you say can and will be held against you in a court of law....."

    PWN is correct.  I should have mentioned that Miranda applies only to custody situations.

  5. You never have to say anything - you don't even have to give them your name (though your unwillingness in taht area could idefinitely prolong your booking processing).  

    You have teh right to remain silent (spund familiar).  Since anything you say can be used against you, you can't be forced to say anything.  In the context of a grand jury, if you don't waive your immunity, anything you say cannot be used against you.

    While the right against self-incrimination is in the constitution, the Miranda rule oft-cited as enforcing that right is not itself constitutional - this means that the law is elastic.  It appliess in teh following circumstance:

    "Custody" - you are objectively in a situation in which you feel that you are nto allowed to leave.  The cop doesn't have to say - "you're under arrest" when the circumstances make this obvious.  If you think you're there to answer questions needed to nail some other guy, the rule does not cover you, and you don't need Miranda warnings.

    "interrogation" - your statements are given in response to questions posed by the law enforcement officer calculated to get inforomation about the crime (inculpatory info) - otehrwise, it's outside the rule and can be used even if you weren't warned.

  6. No.  You have the right against self incrimination (read the 5th amendment to the Constitution)

    You may give a statement if you want.  Also, the Miranda myth will be busted here!  Miranda warnings are only required in a custodial situation.  If you are not in custody and free to leave, Miranda warnings DO NOT APPLY.  They only apply in situations where you are under arrest or otherwise not free to leave (exceptions are brief detentions during traffic stops- even though you are not free to leave, Miranda doesn’t apply there either)


  7. When you are being questioned by the police they start with the words "you have the right to remain silent"

  8. not without your lawyer being present.

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