If you are taken into police custody, and the officers start interrogating you, odds are that you feel compelled to answer their questions. And you're not alone in feeling pressured to answer.
Perhaps it is because you feel cornered. Perhaps it is because it can be intimidating being confined to a small room where all eyes are on you and your responses. Or perhaps you want to convey that you are not hiding anything. Regardless of the reasons, there are many situations when it is in your best interests to not speak to the police until after you have had the opportunity to consult with an attorney. If you need legal help, call LLF Law Firm Criminal Defense Team today at 888.535.3686 or contact us online.
One such situation was the recent case of 84-year-old Barton Seltmann of Lower Pottsgrove Township, who was arrested for the first-degree murder of his 85-year-old wife, Margaret Seltmann, in their home. Mr. Seltmann called 911 after his wife was unresponsive following an argument that became physical. During the course of the investigation, Mr. Seltmann told investigators that during the argument, his wife grabbed a knife and threatened to kill him, so he used a chair to push her down to the floor and repeatedly punched and hit her with a candleholder. After the incident, the Seltmann family told police that Mr. Seltmann had been suffering from dementia and experiencing memory issues.
Understand Your Legal Right to Remain Silent
"Miranda warnings"—the warnings that a police officer is required to give to someone who is being detained—provide that a defendant cannot be questioned by police in the context of an interrogation until the defendant is informed of the following:
- The right to remain silent
- The right to consult with an attorney and have the attorney present during questioning
- The right to have an attorney appointed if indigent
- Although spelled out in the law and frequently depicted in movies and television shows, the question of whether you have to speak to the police is still confusing to many.
Mitigating Factors and Extenuating Circumstances Must Be Part of a Solid Legal Defense
Criminal cases are rarely straightforward and simple, even when the accused may be found with the weapon in hand. And even when the accused makes statements that appear self-incriminating. In every criminal case, there are mitigating factors and extenuating circumstances that must be explored, whether that is a history of abuse or the case of an elderly man suffering from dementia.
If you have been arrested and charged with assault, domestic violence against a family member, or domestic assault, contact the LLF Law Firm immediately. The LLF Law Firm Criminal Defense Team has extensive experience successfully defending these charges and will exhaust all mitigating factors to build the strongest defense against the charges brought against you. Call us today at 888.535.3686 or contact us online.
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