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The law office which is currently dealing with five of my MS-related issues told me to say "I would like to exercise my fifth amendment right against self incrimination. When can I speak to my attorney?"
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Originally Posted by AndrewTheMan
(Post 26413085)
The law office which is currently dealing with five of my MS-related issues told me to say "I would like to exercise my fifth amendment right against self incrimination. When can I speak to my attorney?"
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Originally Posted by bar19900
(Post 26414143)
5 MS related issues that need a lawyer?!? Please share some.
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It looks legit to me. now I mist find the Master to teach me to fish.
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Originally Posted by AndrewTheMan
(Post 26413085)
The law office which is currently dealing with five of my MS-related issues told me to say "I would like to exercise my fifth amendment right against self incrimination. When can I speak to my attorney?"
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Originally Posted by nwflyboy
(Post 26585727)
This is generally a good approach. Remain calm, certainly be respectful. But your lawyer should be the first person you have a meaningful conversation with. YMMV.
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Originally Posted by popinsmoke
(Post 26432202)
It looks legit to me. now I mist find the Master to teach me to fish.
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I know this is a somewhat older thread... as a legal matter, you rarely need to actually invoke the fifth amendment. You simply decline to answer. And you should never, never, never, never ever speak to law enforcement without a lawyer present. Never. If they tell you they are "just trying to help" they are lying, and they are allowed to lie.
The only time you need to invoke the fifth is if you are under subpoena, and you can't be subpoenaed if you are the defendant or the target of an investigation. So let's say you saw a murder and the police ask what you saw. You can say "I don't want to answer" not "I take the fifth." Now, say they subpoena you as a witness, and you were the one who purchased the gun but they haven't figured that out. NOW you can take the fifth. It's possible (here I'm on thin ice in my limited legal knowledge) that the judge may require you to explain privately why, because you can't use the fifth as an excuse to not testify if it's not valid. Or the court could grant you immunity, in which case you could be required to answer or go to jail for contempt of course, but then they can't use what you said against you. Anyway, just don't talk to LE without a lawyer. |
Originally Posted by redtop43
(Post 29775643)
... you rarely need to actually invoke the fifth amendment. You simply decline to answer. And you should never, never, never, never ever speak to law enforcement without a lawyer present. Never. If they tell you they are "just trying to help" they are lying, and they are allowed to lie.
... Anyway, just don't talk to LE without a lawyer. |
Originally Posted by tuphat
(Post 29775870)
Your overall conclusion is correct. HOWEVER: If police attempt to question you, you DO have to POSITIVELY INVOKE your right to silence, otherwise your silence can be used against you in court. So says the Supreme Court in a (terrible) 2013 decision, Salinas v. Texas. For more about the case, suggest this article from The Atlantic: https://www.theatlantic.com/politics...lained/314145/
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