Right to Remain Silent

News & Analysis as of

The Right to Remain Silent Does Not Extend to Computer/Phone Passwords

Recently the Massachusetts Supreme Judicial Court ruled that under certain circumstances, a court may compel a criminal defendant to provide the password to encrypted digital evidence without violating the defendant’s...more

Sometimes… Your Silence Can Convict You #CriminalDefense

Americans do not need to be taught in school that we have the right to remain silent. With the surplus of cop shows on TV, the past couple of generations have grown up hearing the famous Miranda warnings multiple times each...more

When Keeping Silent Can Be Used Against You

Prior constitutional law, as well as popular culture via crime shows on TV, inform us that a suspect can keep silent and that silence cannot be used against him in a criminal proceeding. This has been generally true, but a...more

Juvenile Delinquency: How To Mount Your Child’s Defense

It’s every responsible parent’s nightmare to have a child charged with a criminal offense. But certain parts of the culture actually glorify those young people who commit crimes....more

Supreme Court Criminal Law Update

The United States Supreme Court has issued numerous substantive opinions in the past year on topics ranging from withdrawal from a conspiracy to searches and seizures to what constitutes a Fifth Amendment violation. This...more

Salinas v. Texas: How the Supreme Court’s Decision in a Murder Case Impacts the Issue of “Remaining Silent” in Corporate White...

The Supreme Court recently issued an opinion in a Texas murder case that has broad implications for any corporate representative or employee who seeks to invoke his or her Fifth Amendment Right against self-incrimination in...more

Miranda Rights — Invoking Your Right To Silence And Attorney Representation

Mindy and Max had a troubled marriage where shouting and slamming doors were common occurrences. One night the police responded to a neighbor’s phone call reporting suspected domestic violence. Officers separated the two...more

Salinas v. Texas: Anything You Don’t Say Might Be Used Against You...

On June 17, the U.S. Supreme Court issued a decision in Salinas v. Texas, 133 S. Ct. 2174 (2013). The defendant, Genovevo Salinas, had voluntarily accompanied police officers to their station for questioning about a double...more

Miranda Eviscerated: How Your Silence During a Government Interview Could Be Used Against You

Can your silence be used against you in a criminal proceeding? Most of us would assume that it cannot because of the Fifth Amendment to the U.S. Constitution and case law interpreting it....more

White Collar Litigation Update -- Supreme Court Permits Prosecution’s Comments Regarding Suspect’s Silence Where Suspect Did Not...

During government investigations, counsel regularly advise their clients that if a law enforcement agent unexpectedly shows up at their home or office, the client should decline to be interviewed and instead direct the agent...more

Silence Isn't Always Golden in Government Investigations: Bracing for The Impact of the Supreme Court's Decision in Salinas v...

On June 17, 2013, the Supreme Court of the United States issued an opinion with important implications for anybody who wishes to remain silent when interviewed in connection with a criminal investigation whether they know it...more

Top Reasons For Not Talking To An IRS Special Agent

The Fifth Amendment provides that “[n]o person…shall be compelled in any criminal case to be a witness against himself….”...more

BB&K Police Bulletin: Fifth Amendment Privilege - Suspect Forfeits Right to Remain Silent and Privilege Against...

Overview: The U.S. Supreme Court recently rejected the Fifth Amendment claims of a man whose silence during police questioning was used as evidence of guilt. During a non-custodial interrogation, the murder suspect answered...more

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