Cumulus From United Kingdom, joined Aug 2006, 1402 posts, RR: 1 Posted (3 years 10 months 2 days 22 hours ago) and read 5536 times:
While, certainly here in the UK, you have a "right to remain silent" if you get nicked if you go down the "no comment" route during the interview does this work for or against you. Obviously, if you keep quiet you won't say anything stupid to get yourself in more strife, but does a Court look unfavourably upon this?
What Goes Up Must Come Down, Hopefully In One Piece!
RussianJet From Kazakhstan, joined Jul 2007, 6276 posts, RR: 23 Reply 1, posted (3 years 10 months 2 days 22 hours ago) and read 5508 times:
Quoting Cumulus (Thread starter): Obviously, if you keep quiet you won't say anything stupid to get yourself in more strife, but does a Court look unfavourably upon this?
Essentially it means that you will be judged on the available evidence, and whilst you may indeed not incriminate yourself by saying something stupid, you also deny yourself the chance to explain things that look highly suspect. Don't forget that all the police have to do is get enough evidence together for a viable trial - they are not the judge and jury.
It shouldn't, it is a right to remain silent. Though if you take a look at the "right to silence" or Miranda Rights it's worded along these lines;
"You do not have to say anything, but it may harm your defence if you do not mention, when questioned, something which you later rely on in court. Anything you do say may be given in evidence."
There are of course, variations of this used over the years and I can not tell you if this wording is still in use but basically it implies that;
1 - You do not have to say anything
2 - If you do say anything it can be used against you court
3 - If you do not say anything but later do so in court it CAN be disregarded in court (as this statement or explanation could have been fabricated in between arrest and court appearance.
Planning on getting nicked sometime soon?
Phil
FlyingColours
Lifes a train racing towards you, now you can either run away or grab a chair & a beer and watch it come - Phil
Cumulus From United Kingdom, joined Aug 2006, 1402 posts, RR: 1 Reply 3, posted (3 years 10 months 2 days 21 hours ago) and read 5482 times:
No, not me. It's the partner of my ex Mrs has been arrested for interfering with his ex step Daughter over a 6 year time span.
My Daughter is in the same house as this idiot two nights a week, and I've just pulled her out under a Court Order.
He went "no comment" during his interview. It is believed he hasn't been anywhere my Daughter as she isn't "formed" and not attractive to him (she's 8).
It is a Parent's worst nightmare. Unfortuantely, I've been advised by the Police not do anything stupid to this dick which is sensible but a hell of a lot easier said than done................
What Goes Up Must Come Down, Hopefully In One Piece!
RussianJet From Kazakhstan, joined Jul 2007, 6276 posts, RR: 23 Reply 4, posted (3 years 10 months 2 days 21 hours ago) and read 5473 times:
Quoting Cumulus (Reply 3): I've been advised by the Police not do anything stupid to this dick which is sensible but a hell of a lot easier said than done................
Very sound advice indeed. I know it's hard, but hang in there and try to have faith in the fact that if this guy really has done what he is accused of then he will be punished for it.
Dreadnought From United States of America, joined Feb 2008, 7757 posts, RR: 22 Reply 6, posted (3 years 10 months 2 days 21 hours ago) and read 5469 times:
Quoting Cumulus (Thread starter): Obviously, if you keep quiet you won't say anything stupid to get yourself in more strife, but does a Court look unfavourably upon this?
The JUDGE might not, but the COPS will wonder what the hell you are trying to hide, and start looking at you and any other information they have about you a lot more carefully.
Cumulus From United Kingdom, joined Aug 2006, 1402 posts, RR: 1 Reply 7, posted (3 years 10 months 2 days 21 hours ago) and read 5457 times:
Quoting RussianJet (Reply 4): Very sound advice indeed. I know it's hard, but hang in there and try to have faith in the fact that if this guy really has done what he is accused of then he will be punished for it.
I know. Been told by a D.I, my Brief, my Girlfriend and my Mum to behave and I'm nearly 40. I just have this urge, but it's under control!
Quoting Tugger (Reply 5): The British word for "molesting"?
Yep. In this instance "A Serious Sexual Assault Against A Minor".
Quoting Dreadnought (Reply 6): but the COPS will wonder what the hell you are trying to hide
I'm inclined to agree. If it was me accused of similar and obviously innocent I would be screaming the place down.
What Goes Up Must Come Down, Hopefully In One Piece!
Tugger From United States of America, joined Apr 2006, 4629 posts, RR: 7 Reply 8, posted (3 years 10 months 2 days 21 hours ago) and read 5440 times:
Quoting Cumulus (Reply 7): I know. Been told by a D.I, my Brief, my Girlfriend and my Mum to behave and I'm nearly 40. I just have this urge, but it's under control!
Just remember the "remain silent" rule also applies here and anywhere in public.....
As in if you are thinking of doing anything do not say it here or anywhere openly, even jokingly, remain silent. If anything did happen to him it could be brought up and no one needs that.
I wish you and your daughter well, I can only imagine it is terribly disturbing to think a friends father could do that. And trying to explain or talk to your daughter about it is equally disturbing. Fathers should be the ultimate protectors of their children.
As an afterthought, I will add that I hope the father is innocent and is just being careful by saying nothing. Hopefully these are just trumped up charges by someone who is disgruntled (in bad divorces in the USA it is almost the norm for parents to claim the other is damaging the child somehow).
Tugg
I don’t know that I am unafraid to be myself, but it is hard to be somebody else. -W. Shatner
Gordonsmall From UK - Scotland, joined Jun 2001, 1995 posts, RR: 24 Reply 11, posted (3 years 10 months 2 days 21 hours ago) and read 5404 times:
For what it's worth ....
In my younger days, when I had a bit less common sense, associated with some highly undesirable characters and was a bit more inclined to let my desire for revenge get the better of me, I did (and got arrested for) some pretty serious things. I won't go into any details, but suffice to say I wouldn't be in a position to be typing this freely of a Tuesday evening if I had been convicted.
However, the 'no comment' approach has served me well, and if you've been careful enough to ensure there are no credible witnesses (or at least none that are willing to risk talking) then it should be enough to see you out of any trouble you should find yourself.
Of course, one could just be sensible and not get into these situations in the first place ......
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