Kristina is a lawyer in Newport, Oregon, focusing on criminal defense. She has practiced here since 2010, and as a solo practitioner since 2020. Our office is at 515 West Olive Street, accessed from the downstairs ramp entrance on Olive.
Remain Silent. Remain Calm.
Most of what you see in TV and movies about criminal law is not helpful, with one notable exception:
“You have the right to remain silent. Anything you say can, and will, be used against you.”
This is a vital concept and starting point in any case. It is not made up. These are your Miranda rights, and they only protect you if you use them. Officers may tell you if you just explain your side, it will help, and that they will explain to the District Attorney what you said. However, usually the officers know more than they are telling you, or are not being truthful about what they know. When you explain your side, it will likely used in ways you did not anticipate or mean when presented to a jury.
“I Shot the Sheriff”
Choose your musical genre, but this song demonstrates the importance of remaining silent. Depending on which portions you hear, the meaning is different. Did you simply confess, noting “I shot the sheriff?” Did you provide the justification, explaining “I swear it was in self defense,” and that the deputy had been “aiming to shoot me down?” Did you explain you did some things, but not everything the District Attorney has alleged, because “I didn’t shoot no deputy?” Will the District Attorney point out the bias of the officer, when you explained “Sheriff John Brown always hated me?” What happens when the District Attorney tries to exclude some of your statement, so a jury only hears certain portions of that statement? The less you say, the less your statements can be misunderstood or manipulated.
“A Decision Made from Fear is Always the Wrong Decision.”
Contact with law enforcement is rarely calming. This is especially true when identified as the suspect of a crime. Many times, officers have more information than they are telling you. They are allowed to lie to you to get cooperation. Remaining calm will help you to take in whatever events occur; actions based in fear will generally lead to more legal difficulties. If you run away, you could get additional charges. If you try to pull away from handcuffs, you could get additional charges. If you tell someone what to tell the officers, you could get additional charges. If you try to dispose of the criminal items, you could get additional charges. These are reasons for a lawyer – so they can point out the excessive force involved in the arrest, and get the witness statements that show what happened, and can suppress the items that officers illegally seized.
“One is the Loneliest Number”
The Miranda rights include another portion that is also often referenced, but not quite as often:
“You have the right to have a lawyer with you during questioning. If you cannot afford a lawyer, one will be appointed to you before any questioning if you wish.”
Unfortunately, this does not guarantee a lawyer will be immediately made available to you, which can be very frightening and lonely. But, you can pursue an attorney for help in the situation so you have someone familiar with the process to help stand up for you. When able, you can try to contact any criminal attorney for representation, or if you are arrested you can apply for a court-appointed attorney at the time of arraignment.