Posts made in February 2019

The Importance of Exercising Your Right to Remain Silent, Part 2

Even if you are in police custody, you still have rights. In police custody, however, you must remain absolutely silent for the entire questioning period if you want to invoke this right without specifically stating it. It’s much safer to specifically state, “I want to invoke my right to remain silent.”

It’s a fact that the police are under no obligation to ask you if you are invoking your right or to clarify that you have invoked this right. That’s why you need to be aware of your rights and specifically state that you do not want to talk to the police or that you won’t answer any questions. Then, be sure to remain silent if the police continue to question you.

Speaking after you have invoked your right to remain silent means that the court may find that you waived your right to silence simply by speaking. When you invoke your right immediately, it is easier to avoid accidentally saying something that you did not mean.

You want to be sure to know how to assert your right to remain silent. Once you know how to be as clear as possible, there will be no question that you are asserting your right to remain silent. Use clear language and speak with authority while using one of the following phrases:

I do not want to talk to you. I want to speak with an attorney.
I am invoking my right to remain silent.
I refuse to speak with you.
I am claiming my Miranda rights.
I am choosing to remain silent.

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The Importance of Exercising Your Right to Remain Silent, Part 1

Most people realize that they have the right to remain silent even if they have never been involved in a criminal situation, but do you know what it really means and when it can be used? Everyone that lives in the United States should have a clear understanding of the importance of this basic right. This right is one of the many constitutional rights you have in the criminal process.

If you have been arrested, you must immediately invoke your right to remain silent, which means that all police questioning must stop. If you continue to be questioned by the police after you’ve clearly invoked your right to stay silent, it’s a violation of your Miranda rights. If your Miranda rights are not invoked, any subsequent statements you make may not be used against you in court. However, you must have specifically stated that you are invoking your right to silence.

Miranda Rights are named for the landmark U.S. Supreme Court case Miranda v. Arizona. Used in the United States, the Miranda warning is a type of notification customarily given by police to criminal suspects in police custody advising them of their right to silence. In other words, those in custody have a right to refuse to answer questions or provide information to law enforcement or other officials.

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The Difference Between Bail Bonds and Bail

If you or someone in your life has been arrested, you want to know and understand the difference between bail and bond. After someone has been arrested for a crime, that person may have to pay what is known as “bail” to stay out of jail. A judge may set the entire amount of the bail before the person can be released from jail to await his or her court date. There are some instances in which the amount set for bail is too high for an individual to pay, and a bondsman is needed.

Bail is the amount of money it takes to get you or a loved one out of jail until the court date. A bail bond, however, is when a bondsman is paid to guarantee the full bail amount to the court, but you are only required to pay a percentage of the entire bail to the bondsman.

If you or the arrested person appears in court as required, the set bond amount that was posted is returned to the bail bond company or bondsman, and any collateral is safe from collection. In the event you decided to pay the entire bail amount directly to the court, you get it all back after court fees have been subtracted.

Contact Always Available Bail Bonds LLC at 1-800-BAIL-OUT when you or someone in your life needs to know about bail bonds in Allentown, PA, or throughout Eastern Pennsylvania.