In 1791 the Untied States ratified Fifth Amendment to the United States Constitution, which read as follows:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
These important rights were already in effect in Massachusetts, as in 1780, Massachusetts codified the following in Article 12 of the Massachusetts Declaration of rights:
“No subject shall be held to answer for any crimes or offence, until the same is fully and plainly, substantially and formally, described to him; or be compelled to accuse, or furnish evidence against himself. And every subject shall have a right to produce all proofs, that may be favorable to him; to meet the witnesses against him face to face, and to be fully heard in his defense by himself, or his council at his election. And no subject shall be arrested, imprisoned, despoiled, or deprived of his property, immunities, or privileges, put out of the protection of the law, exiled, or deprived of his life, liberty, or estate, but by the judgment of his peers, or the law of the land.
And the legislature shall not make any law, that shall subject any person to a capital or infamous punishment, excepting for the government of the army and navy, without trial by jury.”
What does this all mean? In short, you have the right to remain silent. This may be one of the most important rights that you have when dealing with the police, as it means that you don’t have to answer any questions posed to you by the police. By exercising these rights you can protect yourself and ensure that the government does not gain valuable evidence against you in various types of cases. While these rights are important in all situations where you find yourself speaking with the police, Attorney DeGiacomo is often questioned about these rights when dealing with three types of charges.
- OUI Cases. It is important to understand that if you are stopped for an OUI or DUI, you have the right to remain silent. That means that you don’t have to answer questions about if you had been drinking or where you were coming from. Article 12 also extends to field sobriety tests, as you have the right to refuse to participate in such tests. By refusing to answer questions and refusing to take the field sobriety tests, you have now ensured that the police won’t have some of the most important evidence they need to convict you of OUI.
- Domestic Assault & Battery. When police are called to respond to an allegation of assault and battery, they will often separate the parties and ask what happened. A problem that some people run into is that they admit that there was some sort of contact between the two parties. If this happens, the government can still try to put a case together even if the alleged victim recants or decides not to testify. By remaining silent and not answering the police’s questions about what happened, you will be put in the best position to defend your case.
- Sexual Assault Allegations. This is often hardest advice to get. Often times, when a person makes an allegation of sexual assault, the police will contact the person accused of the crime and give them a chance to go to the station and tell their side of the story. If you receive such a call from the police it is important that you contact an attorney and right away and asset your right to remain silent. While it is enticing to tell your side of the story, what you must understand is that the police are looking for any piece of evidence to corroborate the alleged victim’s story. This means that you may find yourself being charged even if you deny that a sexual encounter even took place. By asserting your right to remain silent, you will put yourself in the best possible position to defend yourself in case if charges issue.
If you find yourself having contact with law enforcement, it is important to understand and assert your right to remain silent. After doing so, contact an experienced criminal defense attorney to ensure that your rights are being protected.