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Right to Remain Silent
Right to Remain Silent
Law enforcement officers provide a beneficial service to our community. I appreciate their service, especially when it involves responding to a call that I have made requesting assistance. However, I am writing today from a different perspective; I am writing as a lawyer practicing criminal law to educate about an individual’s right to remain silent when confronted by a law enforcement officer.
You do not have to speak with an officer. Does that surprise you? A person who is the subject or target of a criminal investigation has certain rights, beginning with the right to remain silent. In this scenario, a person has not been arrested. The officer is simply trying to gather more information. But the officer is also trying to obtain information as part of building their reasonable suspicion to make the arrest. A person does not have to speak with an officer. Yes, the officer will likely be mad that you are not talking. Law enforcement officials are trained in questioning and interrogating people. Law enforcement officials make lots of arrests because people answer the questions asked by the officer. Choosing not to answer questions means that the officer has to spend more time doing his or her job of investigating the situation. It means more work for the officer. Consequently, the officer is not going to be happy.
Law enforcement officers arrest many individuals because people admit to wrongdoing. Admitting to wrongdoing simply makes the officer’s job easier. People claim they admit their wrongdoing to officers because they want to be honest. That’s one approach to take – and an approach that may result in a jail or prison sentence. Refusing to speak with an officer doesn’t mean a person is dishonest. A person is simply exercising his or right to remain silent. A person may want to remain silent until they have had an opportunity to speak with a criminal lawyer to learn more about his or her rights. Law enforcement officials have a job to do, but let them do their jobs. Law enforcement can conduct an investigation without a person making an incriminating statement.
Please keep in mind that when an officer is conducting a criminal investigation, the job of the officer is not to protect the interests of the person who is the target of the investigation. The officer is only required to advise a person of his or her right to remain silent after the person is in custody, meaning arrested and/or detained, and the person is being interrogated or questioned.
The admission of wrongdoing can be used against a person in court. The admission of wrongdoing can be used against the person in a criminal prosecution. Law enforcement officers are busy individuals. Many times, an officer doesn’t have the time or doesn’t have the resources to conduct a very good investigation. Many times, people would not be charged with crimes if they had only exercised their right to remain silent. You have the right to remain silent – use it!
Do not rely upon your friends and non-lawyers for your legal advice. Contact Scott Hamblin, criminal defense lawyer, if you have been arrested or if you need more information regarding your circumstances.
Scott A. Hamblin
Criminal Law Case Result
DUI Charges Dropped
A Jefferson City man faced DUI charges following a field sobriety test. Charges against the defendant were dropped after Scott successfully maintained the client’s claims that the test results were inaccurate. While the client initially appeared to be in a difficult situation, Scott was able to push investigators to determine the sobriety test results as invalid, so the charges were dismissed.
Family Law Case Result
Mother Achieves Sole Custody
A mother was seeking sole custody of her children following a divorce. The father refused to cooperate, leaving the client in a difficult situation as she felt as though her children didn’t have a voice. Scott recognized her need for an advocate and carefully listened to the children’s wishes, which conclusively helped the client achieve sole custody of her children and protected their best interests.
Criminal Law Case Result
Client Charged with Drug Possession Received a Reduced Sentence
A client from Fulton was accused of drug possession as a result of a home search. While drug charges may potentially be filed as a Class C felony involving severe consequences, Scott was able to help the client receive a reduced sentence. Ultimately, the client faced significantly smaller penalties compared to the initial charges.
Family Law Case Result
Divorce Client Avoids Court
Scott assisted a defendant in a particularly challenging divorce case in which the other spouse was not cooperating. Scott was able to help the client avoid court through an aggressive legal approach to resolve all outstanding disagreements while maintaining the client’s long-term needs.
Criminal Law Case Result
Client Charged with Assault Deemed Not Guilty
One client sought legal assistance after an altercation with another individual in Jefferson City. The client was arrested on assault charges despite allegedly not starting the fight. Since an arrest can lead to life-altering penalties such as being terminated from employment and serving jail time, Scott was able to build a solid legal defense in the client’s favor and argued in favor of the client’s innocence.
Family Law Case Result
Grandparents Receive Visitation Rights
A grandparent sought visitation rights to his grandchild after the parent tried to block him. Scott takes grandparents’ rights very seriously, and so he devised a strategy to help the grandparent set a visitation schedule. Scott developed a strategy to show that the child’s best interests were fulfilled through the grandparent’s ability to visit the child, helping push the case towards a resolution in the client’s favor.
Personal Injury Case Result
Injured Client Receives Compensation
Scott assisted a client who was injured in a car accident due to another driver’s negligence. The defendant claimed that the opposing party using their phone at the time of the crash, and Scott emphasized this claim to show that the other driver was at fault for the client’s injuries. The case concluded with the client receiving the necessary compensation for medical bills following a long hospital stay due to injuries.
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What Our Clients Say
S.A.
I have been working with Mr. Hamblin for almost one and a half years and consider him to be one of the finest Lawyers I have ever done business with. Mr. Hamblin’s understanding of Missouri law is to say the least encyclopedic. His areas of expertise are broad and far-reaching. While working with Mr. Hamblin I found that he has an innate gift for what he does. His availability, presence in the courtroom, and demeanor with prosecutors, plaintiffs, witnesses and defendants are unparalleled in Missouri’s capital. Jefferson City is the epicenter of all legislation in this great state of Missouri,…
Excellent and Committed
Scott was efficient and knew his stuff. Very thorough and committed to our family. He had worked on two different cases for us and did an excellent job. No regrets!
ONE AWESOME ATTORNEY
I called Mr. Hamblin to represent my family member. When we went in to have a meeting, Mr. Hamblin was very honest said he felt that he could represent him and help with the matter that he had been charged with. I was so glad that I had contacted Mr. Hamblin on this matter, because he did just what he said that he would do. He did so in a timely and professional matter, and the expense was very minimal considering that this could have been a life-changing matter. I want to say a big Thank you Mr. Hamblin for…
Upfront and Honest
Very upfront and honest about the potential outcomes of my case.
Cannot Thank Scott Enough
Scott Hamblin represented my son in a high-profile case. Scott was highly professional throughout the course of the proceedings, prompt and thorough in answering all of our questions and, most importantly, was very prepared when he represented my son in the courtroom, which resulted in a very favorable outcome. Our family cannot thank Scott enough for a job well done and 5 stars is really not enough. He truly did a phenomenal job. I would have no reservations in recommending Scott should you ever need a criminal defense attorney.
Cared Enough to Really Fight
Mr. Hamblin succeeded in winning a child custody modification case for me that most lawyers I spoke with wouldn't even take on. Many told me that modifying a child custody agreement was nearly impossible. Due to the changes at my children's Father's house and the toll it was taking on their mental health, my children needed this modification and were begging for a change. Mr. Hamblin helped give my children a voice and get what they call "A Christmas Miracle" when we won full custody of them a few days before Christmas. I would recommend his counsel to anyone needing…
Life Saver!
I am so grateful that I hired him, he gave me hope to overcome my fear and anxiety. Now my case was dismissed because of his hard work. Thank you so much Attorney Scott. May God bless you, and keep continuing to save people's lives!!!
Exceptional Representation
There are no words to express how grateful I am for the opportunity to be represented by Mr. Hamblin. I have enjoyed working with him and his assistant, especially through some of the most challenging moments of my life. Selecting someone to handle your case can be a very difficult decision to make, but even from the moment I arrived at the office for my consultation, I knew I had found the right attorney. Thank you so much for a positive outcome, Mr. Hamblin!
Couldn’t Have Asked for Anyone Better!
I got stuck between a rock and a hard place in my situation as was in need of help. Scott was appointed to be via public defender for a federal case and I could not have wished for a better lawyer and overall individual. He would show up for me while I was incarcerated on the weekend when he had time and would also work around my work schedule to meet while I was not incarcerated. He extensively researched my case and talked to me like a human rather than another client. He's very kind and will tell you the…
Compassionate and Honest
Scott is a very compassionate but honest man. I have known Scott for 10+ years. I met him while fostering children with Cole County Children's Division. When he became the adoption lawyer for Cole County Children's Division in 2007 my husband and I were one of the first to use him to become adoptive parents to our then two-year-old foster son. Our son just turned 13 years old this year. In 2013, he represented my husband and me to get guardianship for our foster daughter. We are beyond blessed to have such a great guy like Scott to represent us.…
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