Most individuals are familiar with the right to remain silent after an arrest. This statement made by law enforcement informs an individual of their constitutional rights. Additionally, it reminds them that anything they say can and will be held against them in a court of law. However, many individuals don’t understand what the right to remain silent means in regard to a criminal trial. Attorney Scott A. Hamblin is here to help Missouri residents understand how remaining silent affects criminal trials and guide them through the criminal defense process.
The right to remain silent is included in an individual’s Miranda Rights. The Miranda Rights were established after the Miranda vs. Arizona court case in 1966 when the Supreme Court ruled that the 5th Amendment should protect individuals from self-incrimination. The 5th Amendment simply states that an individual cannot be forced to provide self-incriminating information to government officials. Additionally, they ruled that an arrested individual has the right to an attorney and must be informed of their rights by law enforcement.Â
When being questioned by law enforcement, individuals can plead the fifth, meaning that they choose to use their constitutional rights to abstain from making self-incriminating statements. For example, law enforcement officers have the right to question an individual about a crime that was committed, which could lead to an arrested individual revealing information that could be used in court. By pleading the fifth, an individual refuses to answer questions until legally represented in court.Â
When court proceedings begin, a defendant’s choice to remain silent cannot be used against them. For example, an attorney is not permitted to comment about the defendant’s refusal to answer questions from law enforcement after pleading the fifth. The jury also knows they can’t hold it against a defendant if they refuse to testify. It’s important to know that an individual doesn’t have to be guilty to invoke their fifth amendment right. In fact, innocent individuals can also invoke their right to protect themselves against misleading information. For example, an innocent individual could be asked specific questions to try and trick them into confessing wrongdoing. By remaining silent in court, they can protect their innocence and prevent saying something incorrect.Â
Scott A. Hamblin can help individuals understand their rights in court. We will defend you vigorously to ensure that your silence does not interfere with court decisions. Our representation can ensure that you feel comfortable during legal proceedings and that any questions you have are answered. It’s always wise to speak to an experienced attorney before discussing your situation with law enforcement officials.Â
If you have questions about the right to remain silent during criminal trials, contact our office today. We look forward to hearing from you soon.Â
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.
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.
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.
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.
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.
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.
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.
Scott was knowledgeable and efficient, expertly guiding us through the process. He took the time to explain every step clearly and made sure we felt informed and confident in our decisions. Beyond his professionalism and attention to detail, Scott was also incredibly kind and personable, which made working with him a genuinely positive experience. His responsiveness and approachable demeanor helped put us at ease throughout. I would highly recommend Scott to anyone in need of legal services.
Scott and his office were so helpful, thorough and professional during a very adversarial divorce. He offers good solid advice. He does not pursue options which will more than likely not yield a good result ( unless the client insists). He strives to give his clients the best results for their money. He's personable but professional. He answers inquiries quickly and clearly. Highly recommend!
Mr. Hamblin is one of the best attorneys we have ever had the privilege to use. He is courteous and to the point. I would recommend him to anyone and we will continue to use his services.
Scott Hamblin is simply put - the best! Scott deserves 10 stars! He has all the qualities a person could ask for with legal representation and more. I even had a lawyer from another county tell me, Mr. Hamblin is an excellent lawyer. That remark alone told me how respected he is, by his peers. He's highly professional, extremely knowledgeable, respectful and courteous, does his due diligence to understand and know his case, has excellent communication skills with his staff and client. His performance in the court room arena was exciting to watch. Dynamic! I knew when I walked into…
Scott Hamblin is the best lawyer that I have ever met. He really cares about his clients and does not sugar coat anything. He works very hard to help his clients, and knows the law very well, and he will work with you on your tab if he can. The staff there is very helpful too. I would recommend Scott and that law firm to anyone that needs a lawyer. They are the best. And you get what you pay for, so give them a call.
I am very pleased with Mr. Hamblin. I needed an attorney for my custody case and I did not know who to use. I found Mr. Hamblin on the internet. All the reviews I read and now my experiences with him and his team are spot on. I was being denied reasonable time with my daughter. Her mother attempted to continue to limit my time but Mr. Hamblin's hard work and dedication to my case resulted in equal custody of my daughter. I highly recommend Mr. Hamblin!
I was thoroughly impressed with Scott Hamblin and his team, Madasyn and Cameo, as they represented me in a very difficult case, involving multiple businesses and complexities. Scotts knowledge and expertise was invaluable. He and his team involved me every step of the way throughout the entire process. I was included in email correspondences, as well as, phone and video calls with witnesses and experts. What stood out, and set Scott and his team apart from my previous counsel, was their authenticity and genuineness. They truly cared about me as an individual and truly cared about my case Scott and…
Finding an attorney is not easy, and in my case I was in a child custody modification that was being dragged out and messy. This went on for a full 3.5 years. I had other representation at the time that I didn’t feel was doing what was best for me and my kids. I reached out to Scott after taking time to review others reviews and asking around in the community for a collective opinion. Scott is hands down the most honest, direct, family law attorney I could have asked for. If I had a question or needed advise him…
My divorce was with a difficult person, Mr.Hamblin handled every aspect of the divorce, professionally and quickly, his experience and knowledge was extremely helpful. thank you, Mr.Hamblin for your support.
Scott helped us with a very difficult situation with utmost professionalism and expertise. He was at all times very professional and considerate of our needs. He provided excelent advise.
For accessible and experienced representation, contact attorney Scott Hamblin today.
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