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SILENCE IS GOLDEN: ASSERTING THE 5TH AMENDMENT IN STATE AND FEDERAL CRIMINAL INVESTIGATIONS IN OHIO

SILENCE IS GOLDEN: ASSERTING THE 5TH AMENDMENT IN STATE AND FEDERAL CRIMINAL INVESTIGATIONS IN OHIO

The right to remain silent is something that we all take for granted. Most of us think that we are either smart enough to talk our way out of a situation or naïve enough to think that the truth (or our perspective and version of the truth) will keep us out of trouble.

Unfortunately, most people walking down the street do not know the law. They do not understand law enforcement. And they do not understand the techniques that law enforcement agents use to coerce confessions and information in the course of a criminal investigation. For instance, the Reid Technique of interrogation is a method often employed by law enforcement to pressure a suspect into confessing to a crime.

In the Reid Technique, state and federal authorities are trained to tell a suspect about all the evidence it has against him or her and that they know he or she committed the crime – even though many times the agency’s evidence against that suspect is minimal at best. At that point, the interrogating officer will play on the suspect’s emotions, calling on his or her religious beliefs, family ties and morality in an effort to get him or her to confess to a crime.

In that regard, one of the most common misconceptions about law enforcement interrogation and questioning is the belief that officers are not allowed to deceive a suspect. In fact, it is entirely legal for law enforcement to deceive those being interrogated and it is even taught as a means of gathering information. For this reason, alone, it is important for anyone being questioned by any law enforcement agency for any to remain silent until he or she has spoken with a qualified defense attorney.

If you are a suspect, under investigation, or otherwise subject to law enforcement questioning or interrogation, tell the state officer or federal agent that you are asserting your right to remain silent and speak with an attorney before talking to law enforcement. Your rights and your liberty may be at stake before you know it, and without counsel, you may compromise your freedom and any defense you may have to any alleged wrong doings.

If you are a suspect, under investigation, or otherwise subject to law enforcement questioning or interrogation, call The Stone Law Firm, LTD in Bucyrus, Ohio today. We represent individuals in Crawford, Wyandot, Seneca counties and throughout Ohio in criminal proceedings in state and federal court.

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