Kamille
Shine bright like a diamond
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- May 5, 2009
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In fact, in Canada, exercising one's constitutional right not to speak with LE and request a lawyer CANNOT be considered as evidence of guilt in court. I am frustrated that nothing has been forthcoming from him and I do not believe he has been framed but I am constantly perplexed by the POV that if one exercises their rights under law, then they must be guilty or, at the very least, hiding something.
Here's an excellent write up by a defense lawyer that explains the procedure of interrogation and why one's defense begins with remaining silent:
http://www.cbc.ca/thenational/blog/2012/06/what-to-do-when-the-police-want-to-talk-to-you.html
Well he has a lawyer now. And he still isn't talking. So if we are to go by the example that he wanted to wait until he had legal counsel to clear his name, fine. So why isn't he doing that now by interviewing with LE with his lawyer present?
So yes, it is my POV that it's perfectly fine to exercise your rights under the law, but it's just not the usual reaction from an innocent person with absolutely no previous experience with the law according to his own lawyer. However, it makes absolutely no sense to continue your silence and sit in a jail cell when you do have legal counsel unless you have something to hide.
MOO