Hypothetically, would not answering questions from police, while not in court, be an obstruction of justice. Would that be a crime, and what are the possible consequences?
Australian/American/European laws welcome :)|||In the US you have a right not to make any statements that may incriminate you so if you are a suspect of a crime not talking is not obstruction of justice. Now, if you are a witness not giving up info could technically be considered obstruction.|||If the answer could lead to your conviction, then you do not need to answer. If you don't want to answer because it might embarrass you, or you just don't feel like answering, then it could result in obstruction charges.
Obstruction also covers lying in addition to just not answering.|||Well, The Miranda Rights state the the police have to give them their rights, when they get arrested. So no you don't have to say anything to the police because of the "freedom of speech" Amendment. While be questioned you don't have to say anything unless you have an eterney.
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This is a good read ,,,, i have just the senerio for you this happened to me just last week. I was called and asked to come down to the police station to answer a few questions from a detective he told me i wasn't in any trouble or under arrest by any means and that they just had a few questions to ask me about an ongoing investagation.I did make the appt. and went down there to speak with him. From the get go he read me my right's and asked if i understood them ,,, i told him yes knowing that i had nothing to hide because i know i didn't do anything wrong ,,, with that he asked if i knew anything about some matresses being stolden from a warehouse ,,, i told him no i have no clue about anything he was talking about and he stopped me and said before we go any farther i must tell you i have enough evidence on you to have you arrested and charged today and it was up to me how my day was goonna end either i tell them what i know and walk or i'll be charged arrested , I was shocked at this and said if im in anyway gonna get in any trouble by what im gonna say i want to stop right there and talk to a lawyer about this , So I said politely that i didn't want to incriminate myself so i think that it would be best if a spoke with a lawyer with this before i answer anything else , the detective got a bit angered and said fine ,,, and closed his folder and looked at me like i was lying to him ,,, he arose and said well like i mentioned before i have enough evidence now against you so for all purposes you are now under arrest and made me stand and cuffed me as i was in utter shock and i asked what for ? he said for obstruction, i asked in what way did i obstruct? i mean all i did was exersice my constitutional right to remain silent. i didn't lie to the detective , i did not damage any eveidence or tamper with any thing nor help anyone get away with anything ,,, everything was fine untl i told him i wanted to talk to a lawyer the same right he just before said i had now appearently i didnt have? im confussed,, was he right ? i got booked and finger printed and my picture taking then i was released and told the papers are being sent to me with charges and a court date. Like i said i was and still am in shock i havent got any mail about it yet but my question is ,,,, is he right in what he did ? did i obstruct ? im seriously lost here and help would be greatly appreciated.
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