Stop the Presses! The Right to Remain Silent 3

OK - now that we have been briefed on the Bill of Rights, what does this new Supreme Court decision really mean?

     It is impossible to say at this early stage of the game just how this will play out.  However, one item that clearly stands out is that now a person who is accused of a crime before he is read his Miranda Rights by an arresting officer may not have the "right" to remain silent.  The reason being is that, based on the reading of the Supreme Court decision, a person's silence before he is read his Miranda Rights may be used as evidence against him.

   In other words, if a person is stopped on suspicion of committing a criminal offense and is then asked questions by arresting officers but is not read his Miranda Rights (a common practice since a stop by arresting authorities does not automatically lead to an arrest), then the person's failure to make a statement may be introduced as evidence against him in a courtroom proceeding.

    Apparently, from reading the decision, the only way to stop this is to immediately invoke the 5th Amendment Right to keep silent.  At this point, once the right is invoked, this cannot be used against the person.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Stop the Presses! The Right to Remain Silent 2

OK - this is going to take some time to examine.  For criminal defense attorneys like myself this is a big issue.  I am just going to take a moment today to explain to my readers from foreign countries the importance of "the right to remain silent" in American Criminal Law jurisprudence.

     The first 10 Amendments to the U.S. Constitution are known as the "Bill of Rights."  These are inalienable rights which enshrine certain rights to U.S. citizens that are non-negotiable.  They cannot be taken away.  This is not to say that these rights cannot be defined and litigated; this occurs all the time.  But, as stated, one of the basic premises of U.S. law is that these rights cannot be taken away by governmental authorities. 

   The 5th Amendment to the U.S. Constitution reads as follows:

"No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation."

Although wordy, for criminal defense lawyers like myself, the most important statement in this Amendment is that no person shall be compelled in any criminal case to be forced to testify against himself.  In other words, just because a person does not say anything regarding the offense, it CANNOT be used against him (i.e. as an admission of guilt).

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Stop the Presses! The Right to Remain Silent 1

OK - because of a new development, the thread concerning friends or loved ones taking advantage of a person will have to wait.

     The law is not static.  Changes in the law are occurring all the time.  Nowhere is this more visible then the United States Supreme Court.  Given that this is the highest court in the land, this is not surprising.

   Today the United States Supreme Court handed down a decision today which has enormous implications for the right to remain silent.

Here is the story.  We will discuss this in greater detail.

http://seattletimes.com/html/politics/2021208775_apussupremecourtsilence.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Here, Sign This! 1

We will begin a thread on another fraud topic, one that is extremely serious and affects tens of thousands of people, possibly more.

     What happens when a loved one, or someone we trust, asks us to sign a document without reading it or not allowing us to really understand what we are signing?  I am not talking about a stranger asking you to sign something without getting a second opinion or someone you don't know asking - we all should know by now that this should set off alarm bells.  I am instead asking what happens if a husband, wife, close relative, close friend, someone you trust is asking you to sign a document without giving you the opportunity to review it or get a second opinion.

     The abuse of trust is something which is tragic to describe and equally tragic in its consequences.  However, this entire blog is devoted to fraud - the use of trust to get a person to perform an action.  In this instance, it is someone we trust who is taking advantage of us.

     We will explore this topic over the next few days.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

A glimpse into a new type of fraud

Kickstarter is a great program.  But, like everything else, it is not immune to fraud.

http://finance.yahoo.com/news/kickstarter-almost-enabled-120-000-172312039.html

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Businessman charged with bribery in the Western District

A businessman faces bribery charges in a case in the Western District of Texas

http://www.justice.gov/usao/txw/press_releases/2013/Mav%20Co%20Castillon%20indictment.pdf

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Procurement Fraud in the Western District

Government Procurement fraud in the Western District of Texas

http://www.justice.gov/usao/txw/press_releases/2013/Mav%20Co%20Chavez%20plea.pdf

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

                                             

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk