CRIMINAL: Were you lying then or are you lying now?

Whether you committed a crime or not, you have the right to remain silent when being questioned by an authority figure. The right against self-incrimination is a constitutionally protected fundamental right. This article will point out a few of the reasons you should keep your mouth shut.

Reason 1.

The police are not there to help you. They are there to gather evidence against you. Officers will play the good cop by acting like they want to understand you and will be on your side. Then, if you are less than forthcoming, the same cop or another one will become angry and attempt to threaten you into confessing. Do not fall into these traps.

The officers might act like they are just conversing with you. The fact is that they want to gather sufficient evidence so that they have probable cause to arrest you, at which point they will read you your rights-but it could be too late already if you confessed. The officers will say that you confessed voluntarily, even if they manipulated you long before they arrested you. Who are you to then stand up in court and call our fine peacekeepers liars?

Reason 2.

Officers can purposefully or negligently miss-write on their reports what you told them. Police reports are considered to be pretty good evidence in court. When you take the stand and recount under oath the events leading up to your arrest and what you say does not match up with the police report, the District Attorney can then ask you the damning rhetorical question of, "Were you lying then or are you lying now?"

Reason 3.

If you told the police anything, whether you are innocent or not, you have just made it much more difficult for your attorney later on to present a theory of the case that could show you are not guilty. By speaking to the officers, you are reducing your possible defenses.

Conclusion

A wise man once said something to the effect of "a person is not condemned by what is put in the mouth but by what comes out of." Therefore, when approached by an officer, be polite, courteous, and quiet.

By Anthony M. Wright, Esq.

Toy Gun Considered Deadly Weapon In Nevada

If you rob a bank with an unloaded toy gun, you will be charged and likely convicted of burglary while in possession of a deadly weapon and robbery with use of a deadly weapon. The Nevada Supreme Court recently decided this very issue in the case of Berry v. State. He could also have been charged with kidnapping, battery with intent to commit a crime, extortion, theft, and assault and battery.

This defendant allegedly stuck a toy gun to a bank employee’s head while she walked to her car during closing time. He allegedly made her unlock the safe, which took ten minutes. During the wait, the defendant felt her up and made lewd comments about her body being sexy, causing her to feel like he might rape her. Along with being charged with burglary with a deadly weapon and robbery with use of a deadly weapon, the defendant was also charged with one count of open and gross lewdness.

The Defendant allegedly ran from the police who waited for him to exit the bank, and they finally caught him in an apartment complex hiding behind a washing machine. The police found the stolen loot and toy gun.

He was convicted of the three crimes and decided to appeal while in prison. The Supreme Court reviewed his argument, and disagreed with him. Berry thought that he was being clever by using a toy gun. He may have thought that he would not get hard time if he used a toy instead of a real weapon.

The unloaded toy was still considered a deadly weapon, partly because it could potentially be adapted for such since it had a spring mechanism, trigger, and the potential to shoot a pellet or perhaps .22 bullet. Also, he intended for his victim to believe it was a deadly weapon in order to effectuate his crime.

The victim, if she had been allowed to have a handgun on her while working at the bank, could have shot him in “apparent” self-defense because she would have reasonably believed her life was in danger.

If you, or a loved one, are charged with a weapons crime, burglary, assault, or open and gross lewdness, you should consider hiring The Jacks Law Group to defend you or your loved one for criminal defense.