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I was told that by remaining silent after miranda i had not invoked my right to remain silent therfore my silance can be used

Belfair, WA |
Filed under: Civil rights

i remained silent after miranda and the judge says i did not invoke my right to remain silent by remaining silent please help with cases to go to if one exists

Attorney Answers 1


You should speak with your attorney about your situation. If you can't afford one, the court should appoint one.
There are quite a few cases interpreting, expanding, or limiting the Miranda rights, i.e. WAINWRIGHT v. STATE, 504 A.2d 1096 (Del. 1986) (an interrogation might have coercive effects upon a defendant that are felt even after questioning has ceased). You can read Washington cases on the MRSC website.
One example where a Defendant can shoot himself in the foot is where he chooses to testify at trial. STATE v. BURKE, 163 Wn.2d 204 (2008) ("no constitutional protection is violated if a defendant testifies at trial and is impeached for remaining silent before arrest and before the State's issuance of Miranda warnings. Jenkins, 447 U.S. at 240").
In general, when you get arrested, you should say four words to the police: "I want a lawyer!"

[In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship.]

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