The Importance of Remaining Silent After Arrest: Part 3

by | May 12, 2017 | Blog, Criminal Law, Interrogation, Know Your Rights, Monmouth County, Ocean County

Remaining Silent After ArrestWith respect to cross-examination of a defendant on factual inconsistencies between his testimony at trial and his pretrial statement, the Court has held that “it is not an infringement of a defendant’s right to remain silent for the State to point out differences in the defendant’s testimony at trial and his or her statements that were freely given.”

When a defendant invokes his or her right to remain silent, the interrogation must cease, at least until sometime has lapsed and the defendant is reread his Miranda rights. That being said, even if a defendant is successful in invoking his or her right to remain silent about a particular subject, this right is waived if the defendant discusses, of his or her own volition, that very topic just moments later.

In the present case, defendant waived his right to remain silent. Defendant was cognizant of his Miranda rights and clearly and unambiguously invoked his right to counsel when police originally administered Miranda warnings. However, after first invoking his right to counsel, it was defendant who asked to speak with officers so that he could “tell them the truth.” After acknowledging that he had fought with his brother, defendant avoided questions by saying “ah, let’s not talk about that part,” “we’ll forget about that part,” “it doesn’t matter,” and “I don’t remember.” Considered in context, defendant’s refusal to answer certain questions was not an attempt to end the dialogue, but rather was “part of an ongoing stream of speech,” which included information about the altercation and defendant’s family disputes. Most importantly, defendant voluntarily provided details about the altercation that led to John’s death—the very subject about which he previously said, “let’s not talk about that part.” In other words, defendant told investigators about his recollection of the altercation with John—he thus spoke on that subject.

This case highlights the need for even smart people to always invoke their right to remain silent. Anything important that the police should know should be communicated through an attorney because an attorney’s communications are not admissible at trial.

Because defendant waived his right to remain silent, cross-examination regarding facts to which he testified at trial, but omitted in his statement to police, was proper. During interrogation, defendant claimed his injuries were caused by John biting him. Defendant’s story changed during his testimony when he claimed John stabbed him with a screwdriver and he was forced to defend himself. Therefore, the State’s cross-examination sought to highlight the inconsistency between defendant’s statement to police during interrogation and his testimony on direct examination. This inconsistency is a permissible area for cross-examination. Because defendant did not invoke his right to remain silent, any error in the trial court’s instruction to the jury, to which defendant did not object, was harmless.

Excellent rating
Based on 288 reviews
Google star 1Google star 2Google star 3Google star 4Google star 5
Google star 1Google star 2Google star 3Google star 4Google star 5
My boyfriend used Fred Sisto twice and had nothing but positive results. Fred was professional, courteous, and punctual. His office was also very attentive and understanding when he had to speak with them regarding his case. I would recommend using Fred to anyone in the monmouth or ocean county region if they had any criminal case regarding the possession of marijuana
C
Google star 1Google star 2Google star 3Google star 4Google star 5
....and his Dog Gonzo is a great attorney.
Duane H
Google star 1Google star 2Google star 3Google star 4Google star 5
I am writing to share my experience working with Fred From the very beginning, he provided outstanding service and demonstrated a high level of professionalism. He was attentive to my needs, communicated clearly, and always made sure I understood each step of the process. What impressed me most was his efficiency—he handled my case quickly without compromising on quality. His dedication and expertise gave me confidence and peace of mind throughout the entire process. I highly recommend Fred to anyone seeking reliable and effective legal support. His commitment to his clients and ability to deliver results promptly truly set him apart.
Aida F
Google star 1Google star 2Google star 3Google star 4Google star 5
I am thankful and fortunate to have had Fred represent me as counsel. His expertise, responsiveness and professionalism are second to none. I was more than satisfied with the outcome of my case and the level of service Fred's practice provided.
John M
Google star 1Google star 2Google star 3Google star 4Google star 5
Excellent advice. Clam and accretive. Handled my case professionally and efficiently. Thank you for the great service. -D.
Danni K
Google star 1Google star 2Google star 3Google star 4Google star 5
My charges were dismissed and he quickly got an expungement for me. He's worth way more than what I paid for. I will always be grateful. He never missed a single call, text or email from me. He also keeps me informed of all checkpoints
Bre D
Google star 1Google star 2Google star 3Google star 4Google star 5
Very professional, always available to answer any questions I had. Plus, I didn't lose my license all thanks to him. Great lawyer overall
David B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred is knowledgeable and he has great working relationships with the courts. He HONESTLY is seeking the best deal for you he is not all about the money!! Thanks Fred you saved me BIG TIME!!
Casey B
Google star 1Google star 2Google star 3Google star 4Google star 5
Very good
Nazario B
Google star 1Google star 2Google star 3Google star 4Google star 5
Fred Sisto handled my case very well. I was happy with outcome. I wouldn't hesitate to recommend him to any of my friends or family.
David V