If I reserve my right not to speak with out an attorney, reserveing my right to silence, hes didnt arrest me, and later when the cop files a criminal complaint saying I confessed - when i prove i didnt is that grounds for dissmisal as a procedural defect or something? obviously the officer isnt credible, there are far more then enough witness's that will back me up in saying i excerised my right to silence. I understand at times during an investigation or trials the prosecution will exaggrate things. However to flat out lie! After I reserved my rights, he even informed me that he wouldnt be able to continue asking me any questions. And I wasnt arrested, I guess they wanted to complete there investigation.
Serious answers appreciated|||You must sign a document of confession to be presented in a court of law, They can say anything they want it does not make things binding. The only other concrete confession that is binding would be a video taped confession.|||You are usually read the miranda rights only if arrested.|||if you didn't say anything then you clearly didn't confess. I'd charge the cop with filing a false report.|||When you go the "attorney route" basically you are confessing (because why would an innocent person need a lawyer)? They would not is the answer.
It is only those that suspect that they screwed up "big time" that would ask for a lawyer(to minimize the charges)that they know will follow.
So, using that rational of thinking - you basically confessed.. (I have never seen a criminal confess to a crime). You remain as their prime suspect until the investigation proves otherwise.
Remaining silent is not a form of defense.
Going the "silent route" did not work at home when you and your siblings did something wrong(broke a vase for example) Didn't you all chime in when questioned by Mom..."it was not me"? If you remained silent, it proved by your silence, you were the guilty party and were ashamed in admitting it.
Asking for Dad to reply in your stead just meant that you were hoping for a "lighter punishment" as you could explain it to dad better as to (what happened)
Going the attorney route is going the "Dad" route.
Attacking the police will just energize the case even more ( as though you need that=NOT) You really want this to go silently away....-like all innocent people want.|||If you demand an attorney - and a confession is obtained following the demand - then the confession can by excluded as evidence, and can not be used at trial. During the course or your case - you and your attorney should request a suppression hearing - to get the statement thrown out. Remember, there are exceptions to the exclusionary rule - (talk to your attorney about these) - which would allow police to use the statement.|||If it were me, I would insist that I have an attorney immediately, before anything else is done. The US has some stupid laws, and lawyers know how to work with them a lot better than the average person.
I would also write down the officer's name, badge number, the times that they talked with you, and the contents of any conversation or statements they made. I would keep this as evidence, as I would consider pressing charges against the police department.
The US has the highest false confession rate of any developed country, because police are allowed to pull **** in interviews. However, they sometimes go too far.
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