It’s a pretty common scenario: law enforcement officials have been investigating a crime, disturbance, or some other event, and they’ve requested your spouse meet with them to be interviewed regarding the event in question.
While this scenario can be stressful for you and your spouse, it’s important to remember a few key legal points that can offer both of you legal protection during the interview.
Maintaining Silence
Maybe your spouse was a witness to a crime. Maybe they’ve had social interactions with another individual who happens to be a person of interest in an investigation, and law enforcement officials want to know if your spouse has any information that could aid their investigation. Or maybe your spouse is the person of interest or suspect in the investigation.
No matter the situation, it’s important to remember that nobody has the legal requirement to share any information with law enforcement. Everyone has the right to invoke their Fifth Amendment rights, which prevents a person from being forced to provide information against themselves.
So it doesn’t matter what your spouse saw, heard, or knows; if they feel talking with police presents a danger to them, they have the right to maintain their silence.
Legal Representation
If you’ve ever heard of the Miranda Rights, then you probably know you have a right to legal representation while being questioned by law enforcement.
This right exists because law enforcement covers a very wide area of knowledge, codes, and rules that frequently require a professional legal expert to provide guidance and protection. Your spouse should never be afraid to seek legal representation when speaking with law enforcement officials. The sheer size and complexity of the legal system makes the everyday citizen unprepared for questioning especially if they are concerned what they say may hurt their spouse in some way. For you or your spouse, having a lawyer at your side to advise you is much smarter way to go.
It’s On Them
Your spouse or you remain innocent in the eyes of the law, especially when they haven’t been accused of a crime. But if law enforcement decides to make an arrest, remember that it’s on them to prove any guilt or culpability . Your spouse wouldn’t want to unknowingly provide a statement that could be used against you or themselves as evidence of a crime or participation in a crime.
The prosecution has the responsibility of proving guilt beyond a reasonable doubt. That burden of responsibility rests solely with them; it’s not the job of the accused to prove their innocence. That’s why the Miranda Rights stress a person’s right to remain silent first, as law enforcement can and will use any information they can legally obtain to further their case. If you have been accused of a crime, including a DUI, contact proven Murfreesboro criminal defense attorney or DUI attorney, David Clarke, for legal representation.
