why when you choose to remail silence after an officer reads you your right, when you get to court you find out you are being charged with conspiracy because you woul'nt say anything because you have the right not to...
2006-10-10 00:59:51 · 9 answers · asked by huera 1 in Politics & Government ➔ Law & Ethics
hats what i dont understand i know some one who remained silenced and was charged with conspiracy but never went to trial that dont feel right since He cant afford an attorney he is locked up. public defender suck.
2006-10-10 01:11:36 · update #1
You have the right to remain silent and not answer questions during police questioning... This right does not carry forward to the courtroom... Under oath you are required to answer all questions unless the answer to a specific question would incriminate you...
So to police you can clam up on all questions, to a judge you are very limited as to which questions you are allowed to stay silent on....
2006-10-10 01:10:33 · answer #1 · answered by Andy FF1,2,CrTr,4,5,6,7,8,9,10 5 · 0⤊ 1⤋
Being charged and found guilty of conspiracy are two way different matters. To prove conspiracy is court is tough unless there are those willing to testify against you. Also some remain silent because they are not glib speakers. They might say something they would later regret because they failed to accurately paint their thoughts to the interrogator.
2006-10-10 01:06:37 · answer #2 · answered by mac 7 · 0⤊ 0⤋
It is great to have the right at least to keep silent .That does not stop you from explaining your situation to a trustworthy person later who can then state your case in the language that is used in the courts which would be in your favor.
and..as mentioned by Macarthur being charged does not mean being convicted. .
2006-10-10 01:17:39 · answer #3 · answered by nischal 3 · 0⤊ 0⤋
Just because you have a right to remain silent doesn't mean you won't be prosecuted for it. That would be like saying I have a right to bear arms, so you can't prosecute me for using a gun to rob a bank.
2006-10-10 01:09:05 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Part of Miranda Rights says 'anything you say will be held against you in a court of law,' so most fear saying the wrong thing.
2006-10-10 01:09:57 · answer #5 · answered by tramps3 3 · 0⤊ 0⤋
Remaining silent is not evidence of conspiracy.
Such a charge has to be supported by other evidence.
2006-10-10 01:05:24 · answer #6 · answered by Mark P 5 · 2⤊ 0⤋
Sometimes, we choose to remain silent to avoid self discrimination not knowing our act will sometimes misinterpreted ...
2006-10-10 01:27:49 · answer #7 · answered by Anonymous · 0⤊ 0⤋
That doesn't make any sense at all, unless you're being charged with obstruction.
2006-10-10 01:04:39 · answer #8 · answered by auld mom 4 · 0⤊ 0⤋
yeah but if you opened your mouth you would probably get charged with a lot more,
2006-10-10 01:04:50 · answer #9 · answered by kustomflames@verizon.net 3 · 0⤊ 0⤋