I love this picture of Abraham Lincoln with his mouth shut in total silence. I am new to blogging, SO here goes nothing.
Tony Guarisco and I were talking yesterday in the firm Law Offices of Don Pumphrey, Jr., http://www.donpumphrey.com (which is dedicated to being an aggressive CHECK in the "Checks and Balances" of our State Criminal Justice System), when Tony stated,"I'm going to write a book called, "Keep your mouth Shut".
In honor of my respected colleague and friend's idea, I decided to make my first blog an effort to plant the motivational seed and share my thoughts on the issue.
Clients, Potential Clients, Young Attorneys, Old Attorneys and Attorneys who have no business handling a criminal case, many times appear surprised to hear me say, "Lying, under any circumstances, is taking a bad situation and making it worse". Few persons are smart enough to keep quiet when being questioned by another person (who, by the way, does not necessarily have to be a cop) for the statements to come into evidence and used as a tool to show consciousness of guilt.
The knowledge to remain quiet and the ability to remain quiet are two separate traits. Many people know from television and other media that they should not talk to the police. However, we are all ingrained with the idea that, "the police are our friends". Yes, I too had those elementary teachers, high school teachers, parents and peers who parroted this "police are our friends" phrase. Reality: they're not! Nevertheless, this ingrained learning drives some persons to attempt to talk their way out of a situation (usually by lying), or trusting the police will see the truth and do a thorough job, thereby saving them the "ride" or the gauntlet of the State Criminal Justice System. Wrong! In fact, many times I have had officers admit on the stand that they "told" (for those of you outside the criminal defense arena this is vernacular for "THREATENED") Mr./Mrs./Ms. J.Q. Public that if they refuse to cooperate (next translation: Exercise your fundamental rights under both the State and Federal Constitutions) that they would be forced to make a decision (arrest) based on the lack of information (translate: what they know to this point).
Coercion breeds the feeling that if I don't tell them something, I am going to jail. Coercion makes the person feel as though if they keep their mouth shut they are "lying". News Flash: remaining silent cannot be used against you. Keeping your mouth shut is not lying!
Call their bluff. Take the ride. Keeping your mouth shut is not lying!
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