Right to Remain Silent

One of the questions I am frequently asked by my clients is whether or not they were under an obligation to speak to the police or answer police questions. The answer is you always have a right to remain silent. In almost all cases silence is in your best interest.  

As a general rule there is very little that can be said to the police before, during or after an arrest that is helpful. More often than not what is said can be used by the prosecution later in Court. Frequently the only direct evidence tying a defendant to a crime that is presented in Court are the defendant's own words.
 
Fortunately the right to remain silent is a cornerstone of our judicial system, and is protected in all South Carolina Courts. This means that no one is required to fill out "victim" impact statements, witness reports, or answer personal questions.
Categories: Domestic Violence
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