How to Remain Silent - Lehto's Law Ep. 5.91

There are two ways to remain silent - one is to invoke your right to remain silent. The other is to remain silent. Sounds tricky but it makes sense.

[jdlives]

I didn’t leave a comment. I am staying quiet

[kitsune]

Traffic stops aside (just cooperate and settle it in court) the best course in a serious criminal matter is to lawyer up fast and hard. No attorney ever said "thank goodness my client talked to the police-it made my job so much easier!"

[JeffryLandry]

As I've said for years... "Everyone has the right to remain silent, but most don't have the ability"

[Recovering_Californian]

I'd only add that your right to remain silent doesn't begin with the arrest. It is ever present. A police officer could ask you questions during his "investigation phase" (before you're in custody) while you are simply being detained. Those answers are admissible. Point is don't answer questions to begin with. Period. Answering questions can't help you in court.

[okopnik]

I fully expected 19 minutes and 27 seconds of total absence of sound coupled with a dead-ass serial killer stare.

[pennybuildingfool]

I have a new pattern now, wake up, watch your video, take shower and then off to work. Love the videos - keep up the great work.

[Oliver-kvmm]

“I had the right to remain silent not the ability.” Ron White

[malenurse]

I once was questioned by police over a misunderstanding. The only word they got out of me was Lawyer and a written phone number for 3 hours. Two very unhappy police officers who found themselves in some trouble for continuing to ask me questions without my lawyer present. When the facts became clear, the police actually came back in and apologized to me, which I accepted due to the circumstances. Then had a hospital employee fired. It does take a great amount of self control to try not to explain your way out of a situation but when the police can lie cheat and steal in an interrogation not saying a word other than lawyer is your best bet. I took a nap till my lawyer showed up. Nothing I would have said would have done me any good, and potentially had me arrested and thrown in jail.

[Lanny-iobi]

It's crazy that even if you ask for a lawyer and stay quiet how much they still try talking to you and then leave you in the room for an hour come back and ask if you want to talk or whatever but it seems like a lot of times cops don't accept your silence and lawyer right away and keep trying to get you to talk

[dixiechampagne]

In the immortal words of Ron "Tater Salad" White: "I had the right to remain silent...but I didn't have the ability"

[Scotty_in_Ohio]

A quote I heard many years ago was "people generally don't go to jail for what they _DIDN'T_ say...." If I were in a "pickle" I'd probably exercise most of my rights after receiving a Miranda warning - first by writing and saying I wish to remain silent and I wish to have legal representation present and all questioning would go through them. The roadside question changes a bit if you are licensed to carry a concealed handgun/weapon. Depending on the state (and you're supposed to know before you go) you may or may not have to obligation to inform an officer when stopped that you are licensed and carrying a firearm (I never use the word "gun" especially if there are two officers - when that word is used their attitude could quickly change). In Ohio you have that obligation in other states such as Indiana you do not. As always great content on a relevant topic.

[funone]

Invoke you right to remain silent. Cops: He's not gonna talk, he has something to hide. Cops: Time to plant evidence.

[dutchray]

I've heard of people who told police they want to remain silent, but the police continue the interview and the suspects continue to talk to them. The interview isn't over if you verbally invoke your right to be silent...the cops are still going to take a shot. I've advised many people to never speak to the police without a lawyer if under arrest, even if you're completely innocent. Cops are looking for evidence against you and they know how to get it. A lawyer knows how cops work.

[toddvolpe]

I met an attorney who was for many years the president of The trial Lawyers association and he told me that 80% of the people in jail are in jail because they didn't remain silent.

[fladification]

Miranda leaves out something I think should be an important part of the process. At the end when they ask "do you understand your rights?" they should have to ask a second question "Do you wish in invoke these rights?" This should serve to greatly decrease the confusion of weather someone has invoked or waved their rights.

[Plarndude]

I thought we had rights whether we Invoke them or not. So I have no rights unless I invoke them like a magic spell?

[orangecounty]

By exercising your right to remain silent, doesn't mean cops are gonna stop trying to get something out of you by keep asking questions.

"I want a lawyer" is what stops them from asking questions or at least it should.

[supermodo]

I listen to you every day. You make the law interesting and you are entertaining to listen to. Keep up the good work.

[miketj]

Okay, let's all practice it together. "I invoke my right to remain silent and I want to speak with an attorney." Then STFU. Simple, right?

[yixnorb]

Q. "Did you want a small bottle or a large bottle?" A. "I'll take the fifth."