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right to remain silent Archives - Utah Criminal Defense, Divorce, and Personal Injury Attorney | Intermountain Legal

Bad Costume Idea, Good Traffic Stop Idea | Utah Defense Attorney Tip of the Week

By | Criminal Defense | No Comments

What Doesn’t Work: Going to court in your Halloween costume…especially if it’s your heavy-duty orange jumpsuit with your favorite six-digit number on back. Even though your girlfriend thinks you look hot in bright colored onesies, it may put thoughts in the judge’s mind that you don’t want him to have.

What Works: When dealing with police, be nice but not naïve. Often, you are pulled over by police for a traffic stop just to look for any evidence of more serious crimes. When interacting with police, remember that what you say can, and will be used against you. Even simple questions by the police can be designed to trap you. For example, when an officer asks you if you know how fast you were going, if you say “yes,” and then say any number after the speed limit, then that will be used to show you knew you were speeding.  If you say “no,” then your statement will be used against you to show you had no idea how fast you were going. Then the judge has no choice but to accept the officer’s statement as truth.

Misguided Artistic Language vs. Unartful Linguistics | Utah Defense Attorney Tip of the Week

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What Doesn’t Work: Using your graffiti tag to sign citations and/or court documents.

What Works: If you are ever accused of something criminal, don’t say, “You can’t prove it!” or “You have no proof!” Even if you’re innocent, it just makes you sound guilty. Unless you can honestly say, “I didn’t do anything,” or “I’m innocent,” then don’t say anything at all, unless it’s, “I’d like to speak with my attorney please.”

What’s in a Name? | Criminal Defense Attorney Tip of the Week

By | Criminal Defense | No Comments

What Doesn’t Work: Using an alias that is pretend famous, rhymes, is alliterative, belongs to someone who has a warrant…or all of the above: “Yes Officer, my name is Johnny Depperson, I mean Nicholas Hickolas, I mean Craig Craigster,no, no…I’m Lindsay Lohansky, I swear!”

What Works: Never tell an officer “I know my rights.” You really don’t, and the officer knows it. Whether innocent or guilty, if you are being interrogated by police, they already suspect you did something wrong or were involved in a crime. You always have the right to a criminal defense attorney and have a right to remain silent, and you should politely and persistently exercise those rights.