Supreme Court Cuts Back “Right to Remain Silent”
(PRWEB) July 26, 2013 -- A recent Supreme Court decision will have far reaching effects for crime suspects, says criminal defense lawyer Kevin DeVore. In Salinas v. Texas the Supreme Court ruled that a suspect has no Fifth Amendment “right to remain silent” unless they speak up and specifically invoke it. DeVore says that places an unnecessary – and unreasonable – burden on anyone accused of a crime (SALINAS v. TEXAS: CERTIORARI TO THE COURT OF CRIMINAL APPEALS OF TEXAS No. 12–246).
In the Salinas case, Genovevo Salinas voluntary came into a police station to answer questions about a murder case. When the police questions became pointed, he stared at the floor and refused to say anything more. That fact was used against him in a criminal trial, leading to his conviction.
“This is a clear violation of his Fifth Amendment right not to incriminate himself,” said DeVore, founder of the DeVore Law Office. “I'm surprised any court would allow his silence to be used against him.”
Since Salinas had not been arrested, he was not read his Miranda rights and not guaranteed a “right to remain silent.” The Supreme Court rules that he still had a right to not incriminate himself, but only if he formally stated that he was invoking that right.
“Everyone knows you don't have to answer police questions if you don't want to,” DeVore said. “What non-lawyer would ever imagine you have to say you're invoking that right? He invoked it by not answering.”
The ruling will now serve as precedent, meaning that other criminal suspects' silence could be used against them. DeVore says that cannot be changed, but that citizens can still protect themselves.
“Never agree to be questioned without a lawyer present,” DeVore advised.
About Kevin DeVore:
Kevin W. DeVore is an experienced criminal defense and personal injury lawyer practicing with Larson King LLP. He has achieved numerous courtroom victories and settlements for his clients. Mr. DeVore has been named a SuperLawyer by Law & Politics Magazine for 10 consecutive years and has a proven success record in courts around Minnesota and Wisconsin. He can be contacted at:
DeVore Law Office
30 East 7th Street
Suite 2800
St. Paul, MN 55101
(612) 836-9501
Kevin W. DeVore, DeVore Law Office, http://www.devorelawoffice.com/, (612) 836-9501, [email protected]
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