Stephen W. Adamsky, Attorney at Law

Location :

• Anynomous

  11 June 2018

  Adamsky Law Tip #2 I have two pieces of advice: First, if you are ever pulled over during a traffic stop, one of the worst things you can ever do is consent to a search. It doesn't matter how innocent you think you are because once you consent to a search, anything the investigating officer finds is admissible against you - even on a charge unrelated to the reason you were pulled over. Second, if you are ever detained, once you are read your Miranda rights, the best thing you can do is affirmatively state that you choose to remain silent and wish to have a lawyer appointed. Why? Cops are trained to make you feel at ease, but their goal is to extract as much information from you as possible to make a case against you. There is no situation in which you pleading with the investigating officer will result in you magically being set free. The best thing you can do is remain silent and request an attorney.

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• Anynomous

  09 June 2018

  Law and Order - the Right to Remain Silent and the Fact You Know It!

  Hypo: You have an unfortunate event and have to defend yourself against an assailant. You mortally wound the assailant and the police do their job - they arrest you. You know your rights because you watch so many cop shows - Law and Order and the like, so you remain silent. Question: Is your silence admissible at trial as culpatory evidence of your guilt? Yes. Why? Because pre-Miranda silence is not protected under the 5th Amendment. That is an age - old police trick. It's a way to incriminate you. How do you defeat this? You ask for your Miranda rights at the on-set of detention. If refused, you assert that you know your rights and choose to remain silent. The takeaway - Miranda rights must be affirmatively asserted to protect your interests.

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