Honolulu, HI asked in Criminal Law, Federal Crimes, Identity Theft and White Collar Crime for Hawaii

Q: I was questioned by detectives in custody checked didn't want to discuss the case I wanted lawyer, was that a statement?

2 times in one day in custody detectives came and first one I told I never got my miranda rights read to me. she pulled out a paper with 3 check boxes 1. want to discuss the case I (*checked NO). 2 I don't remember but checked no. 3 was I want a lawyer(*checked YES) then initial she told me that was my miranda rights. she proceeded to turn of recorder and asked me common knowledge such as my parents (one is deceased other is homeless), my child ( ex has full custody and we went to court over last name change attempt by the mother). My living situation or if I still lived at my home that was left to me and my sister. I do not live up there or intend to, and made that common knowledge to save face of them going there to look for me.

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

A: What you did was assert your rights under the United States Constitution and the Hawaii State Constitution. Assertion of your rights does not constitute a statement, and, in a trial, that assertion cannot be used against you as evidence of guilt.

Typically, if you are advised of your rights by law enforcement, you are almost always better off if you assert your 5th Amendment Right to remain Silent and/or your 6th Amendment Right to Counsel. If you agree to provide a statement, something you say could later be used against you even if you believe the information you provide helps you. Also, police detectives are trained interviewers and are allowed to attempt to trick those they are interviewing.

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