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Old 10-14-2010, 09:40 AM   #100
HeartsOfFire
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Join Date: Sep 2008
Location: Bitter, jaded, cursing the fates.
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Quote:
Originally Posted by Rathji View Post
From your Wiki link:



No where there does it say he has the right to remain silent.
Not being obliged to say anything means that one has the Right to remain silent.

Quote:

It does say in there that anything you say will be given in evidence if you choose to say something.

It does say you have the ability to contact a lawyer, but implies that a lawyer doesn't need to be present for what you say to be admissible in court. This means your lawyer can inform you not to say anything, but if you choose to ignore him the evidence will be admissible. If you are not given the ability to contact counsel, the evidence likely will be inadmissible, but doesn't automatically need to be. From my courses, I understand that any evidence given under duress will be deemed inadmissible by the justice. I could probably find the precedents if it really mattered.
And I am not arguing any of that. I am arguing that anything you have said before being advised of your Rights is inadmissable
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