Can Your Silence Be Used Against You?
Hi, this is attorney Kevin Hayslett and the question is –Can my silence be used against me in the court of law? The answer is no. Because of the 5th and 6th Amendments, Miranda ensures that each and every defendant has the right to remain silent. The judge in every criminal case will advise the jury that if the defendant chooses to remain silent, that the silence cannot be used against him or her in their decision of whether or not the defendant is guilty or innocent. Recall that those rights stay with you from the time you are arrested until the time the jury deliberates your case. So if you choose to remain silent your silence cannot be used against you by the law enforcement or by a jury.
The criminal defense attorneys at Carlson, Meissner, Hart & Hayslett, P.A. are fighting for our clients rights in criminal defense cases in Clearwater, Tampa, Bradenton, Spring Hill, Pinellas, Pasco, New Port Richey, Manatee, Hillsborough and Hernando Counties in Florida.
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Kevin Hayslett, Esq.
J. Kevin Hayslettis an attorney practicing in the areas of Criminal Defense and DUI Defense from the Clearwater office and Hillsborough office. Kevin is an avid tennis player and is currently nationally rated in singles and doubles. You can follow Kevin onGoogle+, oron Radio IO on his show, "Kevin's Law". Kevin can also be heard on the Sirius Satellite Radio show during the "Ask the Lawyer" segment, which can be heard the first Thursday of every month.