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As promised, today we’re going to give you an example of how offering up information you’re not legally required to share can make or break your case.
As we mentioned yesterday, even if a police officer hasn’t read you your Miranda rights, anything you say to them can still be used against you in court if you’re later charged with a crime.
Let’s say you’re pulled over for a traffic violation and the officer approaches your car claiming they smell marijuana. They begin asking questions like:
“Do you have weed in the car?”
“Whose weed is it?”
“Who did you buy it from?”
If you choose to answer these questions—thinking that being honest will help you get off easier—you may have just made it easier for the prosecution to build a case against you. By admitting to possession, you’ve essentially told on yourself, and now your own words can be used as evidence.
Thanks to your Fifth Amendment right, you have the right to remain silent. In the same situation, if you choose not to answer and instead wait to let your lawyer speak for you, the burden shifts to the officer and prosecution. Now, they have to prove the marijuana was yours. And remember: in our legal system, you are innocent until proven guilty.
It’s always our recommendation to exercise your right to remain silent if you’re being questioned about a potential crime. Let your attorney handle the communication—it’s your constitutional protection, and it can make all the difference.
Stay Tuned for More Advice From Your Lawyer
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