The Law Offices of Justin Kirk Tabayoyon provides comprehensive criminal defense for all state and federal criminal charges. Serving Solano County, Contra Costa County, and the Entire Bay Area, including the Northern and Eastern District Federal Courts.
You Have The Right To Remain Silent and The Right to An Attorney: Exercise Your Rights!
Mr. Tabayoyon is an experienced criminal defense trial attorney who has obtained multiple not guilty jury verdicts for his clients at trial.
If you are contacted by law enforcement investigating a crime, your automatic response should be to tell law enforcement you do not wish to speak with them and you want an attorney. In 2013, the United States Supreme Court ruled in Salinas v. Texas that you must inform police you are exercising your 5th Amendment right to remain silent or your silence can be used against you. Make sure you inform police you are exercising your Fifth Amendment right to remain silent and never talk to the police without consulting an attorney!
The police are trained to get your to waive your right to remain silent so they can gather evidence against you. The goal of police is to get you to make admissions or confessions that the prosecution can use to obtain a criminal conviction against you. In the context of a criminal investigation against you, the police are definitely not on your side and are not out to help you. Don't fall for the lie that the police need you to talk to them so they can help you. The only thing you will help them do is convict you of a crime. Without a statement by you, it is much more difficult for the prosecution to prove you committed a crime beyond a reasonable doubt.
One of the biggest reasons criminal defendants are convicted of a crime is voluntary admissions. Anything you say can and will be used against you, so you should never say anything other than you need an attorney. However, many criminal defendants think that they can talk themselves out of a situation, and instead give the prosecution the evidence it needs to convict them of a crime. Don't be one of them. The prosecution has the burden of proving every fact and element of the crime. Every statement you make is an admission that helps the prosecution establish facts and elements of a crime. By making a statement to the police, you admit facts and lock yourself into a position. Even if you are completely innocent, your statement can be twisted or misinterpreted, or provide corroborating evidence to the prosecution based on facts of which you are not aware and are misleading.
If you have been arrested or the police want to interview you, refuse to speak with the police, request a criminal defense attorney, and immediately contact the Law Offices of Justin Kirk Tabayoyon.