In this episode of House of Law, attorney Russell Araya from Ramos Law dives into the critical topic of “Verbal vs. Written Statements to Law Enforcement,” discusses the implications of providing statements to police officers, detectives, and government investigators.
The video emphasizes that both verbal and written statements made to law enforcement can be used against an individual in court, regardless of their guilt. Attorney Russell Araya explains that even innocent individuals may appear nervous or say things that could be misconstrued and used to implicate them. To avoid this, he strongly advises requesting an attorney to be present during any questioning by law enforcement. Another option presented is to exercise one’s Fifth Amendment right against self-incrimination by respectfully declining to answer questions.
Key Insights
- Types of Statements: There are two main types of statements that can be made to law enforcement: verbal (something you say) and written (something you write and sign).
- Statements Can Be Used Against You: Any statement, whether verbal or written, can be used as evidence against you in a court of law.
- Risk of Misinterpretation: Even if you are innocent, your words might be twisted or misconstrued during an investigation, potentially implicating you in a crime.
- Importance of Legal Counsel: It is crucial to ask for an attorney to be present during questioning by law enforcement to guide you through the process.
- Right to Remain Silent: Individuals have the option to exercise their Fifth Amendment privilege against self-incrimination, meaning they can respectfully decline to answer any questions.
(FAQ) Frequently Asked Questions
What types of statements are discussed in the video?
The video discusses two types of statements: verbal statements (things you say to the police) and written statements (things you write down and sign for the police).
Can statements made to law enforcement be used against me in court?
Yes, both verbal and written statements can be used against you in a court of law, regardless of your guilt.
Why is it important to have an attorney present when speaking to the police?
An attorney can guide you through the questioning process, helping to ensure your words are not misconstrued or used against you.
What is the “Fifth Amendment privilege against self-incrimination”?
This privilege allows you to respectfully decline to answer any questions from law enforcement, also known as exercising your right to remain silent.