The Supreme Court set a dangerous precedent in a ruling on June 17; you have the right to remain silent...at your own risk. Dissidents of the ruling believe that this will promote the type of high-pressure questioning that can induce false confessions.
Salinas v. Texas: Two brothers were shot at their home in Houston, Texas. There were no witnesses and shotgun shell casings left at the scene. The night before the shooting, Genovevo Salinas attended a party at the house. Police spoke to Salinas at the station. They did not arrest him or read him his Miranda rights. Salinas talked to police for an hour, during that time Salinas agreed to give the police his shotgun for testing. When the officers asked Salinas whether the gun would match the shells from the scene of the murder, Salinas stopped talking.
Salinas did not testify at trial, however prosecutors did report his uncomfortable reaction when asked about his shotgun. Salinas argued that his Fifth Amendments rights were violated because he remained silent. In the past, the Supreme Court established that prosecutors weren't able to bring up a defendant's refusal to answer the state's questions. However, Justice Samuel Alito declared that Salinas was "free to leave" and Salinas did not invoke his right to remain silent during questioning. Simply being silent was not enough. Without a lawyer present and without being Mirandized, how would a defendant know to invoke their rights? The court's recent ruling in Salinas v. Texas is dangerous because it can illicit false confessions during informal questioning, whether intentionally or not.
If you have been informally called in to answer a questions by police or have been arrested, do not speak to police without a knowledgeable attorney present. Contact Massachusetts Criminal Defense Attorney Paul R. Moraski at (978) 744-1200 immediately for an advocate of your rights.
Paul R. Moraski, Esq.
The Law Office of Paul R. Moraski
221 Essex Street, Suite 51
Salem, Massachusetts 01970
Tel: 978.744.1200
Fax: 978.825.1370
Email: attorneymoraski@yahoo.com
Websites:
http://www.northofbostonlaw.com/
http://www.massdefense.com/
http://www.massdrugdefense.com/
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