Honolulu, HI asked in DUI / DWI and Civil Rights for Hawaii

Q: What does saying "I don't answer questions" do you have legal rights?

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1 Lawyer Answer
Mark Simonds
Mark Simonds
  • Consumer Law Lawyer
  • Haiku, HI
  • Licensed in Hawaii

A: Under the 5th Amendment to the United States Constitution and the equivalent provision of the Hawai’i State Constitution you have the right to remain silent, in just about all interactions with the government. In other words, you cannot be compelled to speak with government officials, to police, if you choose not to. This is a fundamental right that all Americans have, and is an important individual protection. Furthermore, in a criminal prosecution, your silence cannot be used against you. If you are an accused on trial,, in practically all circumstances, the prosecutor cannot introduce any testimony or other evidence that at the time of your arrest or citation, you asserted this right.

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