Is silence obstruction of justice?

If you are being charged with a crime, you have the right to remain silent until an attorney shows up to defend you. If you are merely being asked about a crime and you remain silent then you can be charged with obstruction.

Can your silence be used against you?

Can the Police Use Your Silence Against You in Court? If you properly assert your right to remain silent, your silence cannot be used against you in court. If your case goes to jury trial, the jury would be given a specific instructions not to consider your silence as an admission of guilt.

Can you remain silent to police?

How does the law treat a refusal to answer questions when being interviewed by police? This [the law] acknowledges that we all have a right to silence, which is sometimes referred to as the privilege against self-incrimination.

Can you be charged with obstruction for not answering questions?

In general, you do not have to talk to law enforcement officers (or anyone else), even if you do not feel free to walk away from the officer, you are arrested, or you are in jail. You cannot be punished for refusing to answer a question. In general, only a judge can order you to answer questions.

What is the sentence for obstruction of justice?

Criminal Penalties for Obstruction of Justice in California You may be sentenced to up to 5 years in prison along with substantial fines. However, you may be sentenced to as many as 8 or 10 years if it is determined that the obstruction charge is related to domestic or international terrorism.

How do you beat obstruction of justice charge?

To beat an obstruction of justice charge, you need to present a defence in your support with legitimate evidence and purpose. The best way to do that is to hire a criminal defence attorney.

What happens if you don’t respond to Miranda rights?

Many people believe that if they are arrested and not “read their rights,” they can escape punishment. But if the police fail to read a suspect his or her Miranda rights, the prosecutor can’t use for most purposes anything the suspect says as evidence against the suspect at trial.

Can you stay silent during interrogation?

In general, Miranda rights include two basic rights: the right to remain silent and the right to have an attorney present during interrogation. As with the right to an attorney, to gain the full protection of the right to silence, a suspect must unequivocally invoke the right to remain silent.

Is a police caution a charge?

A caution is not a criminal conviction, but it could be used as evidence of bad character if you go to court for another crime. Cautions can show on standard and enhanced Disclosure and Barring Service (DBS) checks.