FlyerTalk Forums

FlyerTalk Forums (https://www.flyertalk.com/forum/index.php)
-   Manufactured Spending (https://www.flyertalk.com/forum/manufactured-spending-719/)
-   -   MS Risk ? (https://www.flyertalk.com/forum/manufactured-spending/1588809-ms-risk.html)

AndrewTheMan Mar 30, 2016 11:00 pm

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?"

bar19900 Mar 31, 2016 6:24 am


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?"

5 MS related issues that need a lawyer?!? Please share some.

AugustWest Mar 31, 2016 5:33 pm


Originally Posted by bar19900 (Post 26414143)
5 MS related issues that need a lawyer?!? Please share some.

The guy is trolling multiple threads. Best bet is ignore.

popinsmoke Apr 3, 2016 9:35 pm

It looks legit to me. now I mist find the Master to teach me to fish.

nwflyboy May 6, 2016 9:57 am


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?"

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.

dethkultur May 6, 2016 3:28 pm


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.

A lawyer wouldn't give that advice. You should only invoke the 5th when you are WITH your lawyer. AND if they are allowed to even ask you questions, such as after you are actually arrested or subpoenaed, and if that should happen ask for your lawyer first, that's all you need to do. Otherwise, be polite and just walk away from wherever you happen to be.

MasterCharge May 8, 2016 12:42 am


Originally Posted by popinsmoke (Post 26432202)
It looks legit to me. now I mist find the Master to teach me to fish.

the master is here, what type of fish do you need

redtop43 May 20, 2018 7:14 pm

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.

tuphat May 20, 2018 8:51 pm


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.

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/

CDO Jul 9, 2018 10:36 am


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/

What's the problem in talking to them if you have not done anything illegal?


All times are GMT -6. The time now is 6:58 pm.


This site is owned, operated, and maintained by MH Sub I, LLC dba Internet Brands. Copyright © 2026 MH Sub I, LLC dba Internet Brands. All rights reserved. Designated trademarks are the property of their respective owners.