Wednesday, June 19, 2013

What You Don't Say Can Be Used Against You

For over 35 years representing clients in cases ranging from dui to homicide, I have always advised my clients and the public that the first rule of “what to do if I get stopped by the police?” is to remain silent. Well, after the June 17, 2013 ruling by the U.S. Supreme Court in the case of Salinas v. Texas, remaining silent has become a little more complicated.

Mr. Salinas was not in custody, he had not been read his Miranda rights and was freely talking to police investigators, answering some questions and remaining silent when asked some other questions. He was later arrested.

At his murder trial, prosecutors were allowed to comment on his silence as evidence of his guilt. And, after due deliberation, the jury did find guilty.  Now The U.S. Supreme Court has ruled in a 5/4 decision, that this did not constitute a violation of his 5th Amendment right to remain silent.

The court reasoned that since Mr. Salinas was not in custody during the questioning, he had the burden of speaking up and saying that he was invoking his right to remain silent. He was not in custody, and since he didn’t speak up and invoke his right to remain silent, what he didn’t say was used against him.

The Law Office of Gene Dorney strongly advises that if you are stopped by law enforcement, you must say “I am invoking my right to remain silent.”

We at the Law Office of Gene Dorney Dui Law Office can help you if you are charged with driving under the influence of alcohol or drugs, driving on a suspended license, domestic violence, probation violations and any other misdemeanor or felony. We have been representing clients in these types of matters in Newport Beach, Corona del Mar, Laguna Beach, Irvine, Costa Mesa. Huntington Beach and all of Orange County for over 35 years.

And remember, if you arrested, The Law Office of Gene Dorney is here to help you. Call 949 675-4973 to speak with Gene Dorney.


No comments:

Post a Comment