[by Randy Moore, Attorney at Law, Santa Clara and Alameda County CA]
I recommend that anybody confronted by police exercise their constitutional right to remain silent and not incriminate themselves. Why? It was commonplace in Nazi Germany to hear “you will talk if you have nothing to hide.” The shocking truth is that innocent people get arrested and convicted of crimes every year. Another shock is how many accused citizens find out that without their own statements, the police would be left without enough evidence to charge or prove a criminal accusation.
Why would anyone give up this valuable right? Experience reveals that most citizens misunderstand their situation, the role of the police, or the unforeseen consequences of trying to talk their way out of an arrest. “Innocent” explanations can be damning.