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The right to remain silent vs Obstruction of justice !!

 
 
Terryj
 
Reply Mon 3 Jun, 2013 08:03 pm
I really would like all your comments on this real life senario - My name is Terry a 45 yrs old man married 4 kids and 9 grandchildren , i havent had a run in with the poice in 20 yrs before this ,,,, this happened to me just last week. I was called and asked to come down to the police station to answer a few questions from a detective he told me i wasn't in any trouble or under arrest by any means and that they just had a few questions to ask me about an ongoing investagation.I did make the appt. and went down there to speak with him. From the get go he read me my right's and asked if i understood them ,,, i told him yes knowing that i had nothing to hide because i know i didn't do anything wrong ,,, with that he asked if i knew anything about some matresses being stolden from a warehouse ,,, i told him no i have no clue about anything he was talking about and he stopped me and said before we go any farther i must tell you i have enough evidence on you to have you arrested and charged today and it was up to me how my day was goonna end either i tell them what i know and walk or i'll be charged arrested , I was shocked at this and said if im in anyway gonna get in any trouble by what im gonna say i want to stop right there and talk to a lawyer about this , So I said politely that i didn't want to incriminate myself so i think that it would be best if a spoke with a lawyer with this before i answer anything else , the detective got a bit angered and said fine ,,, and closed his folder and looked at me like i was lying to him ,,, he arose and said well like i mentioned before i have enough evidence now against you so for all purposes you are now under arrest and made me stand and cuffed me as i was in utter shock and i asked what for ? he said for obstruction, i asked in what way did i obstruct? i mean all i did was exersice my constitutional right to remain silent. i didn't lie to the detective , i did not damage any eveidence or tamper with any thing nor help anyone get away with anything ,,, everything was fine untl i told him i wanted to talk to a lawyer the same right he just before said i had now appearently i didnt have? im confussed,, was he right ? i got booked and finger printed and my picture taking then i was released and told the papers are being sent to me with charges and a court date. Like i said i was and still am in shock i havent got any mail about it yet but my question is ,,,, is he right in what he did ? did i obstruct ? im seriously lost here and help would be greatly appreciated.
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Type: Question • Score: 0 • Views: 823 • Replies: 3
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firefly
 
  1  
Reply Wed 5 Jun, 2013 06:37 pm
@Terryj,
This happened to you last week?

And you haven't spoken to a lawyer yet?

I've never heard of someone being arrested, fingerprinted and photographed, and then immediately released and told the charges and court date would be mailed to him.
Quote:
From the get go he read me my right's and asked if i understood them

Then he told you that you had the right to remain silent.

You also have a right to know exactly what you were arrested for and what you were actually charged with.

You need to speak to a lawyer ASAP.

The obstruction charge--if that's in fact what you are charged with--may be related to the mattress theft he was trying to question you about, and not to the fact that you exercised your right to remain silent. But you don't really know what you're charged with, and why, because you weren't taken before a judge, and you haven't received anything in the mail.

You need to speak with a lawyer ASAP to have them look into what went on at the police station, why you were arrested and booked, and what you are actually charged with.

No one here can really answer your questions for you. You need to speak to a lawyer ASAP. You probably should have consulted a lawyer before you went down to the police station. You definitely need to speak to one NOW.

Why haven't you spoken to a lawyer yet?



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Lustig Andrei
 
  1  
Reply Wed 5 Jun, 2013 06:59 pm
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Terryj
 
  1  
Reply Fri 14 Jun, 2013 12:13 am
@Lustig Andrei,
Well to be honest ,I seriously did nothing wrong and i guess i believe in the system i have nothing to hide or be afraid of i nvr thought of talking to a lawyer because i seriously did nothing wrong with mattresses or anything for that matter ? the one thing im thinking about now is seeking a tort lawyer because i do believe my rights have been violated
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