Understanding Your Right To Remain Silent
Are you in the middle of a criminal investigation and you’re not sure how to behave in court? My name is Carl Birkhead. I’m an attorney with Wirth Law Office. I’ve been practicing for about seven years and I mainly do family and Oklahoma criminal law. I want to help you make law easy by talking a little bit about just little do’s and don’ts for what to do when you’re in court.
The biggest thing that I see my clients struggling with a lot seems very simple, yet it’s not as easy as you would think: just be silent. You have the right to remain silent. You need to exercise that right whenever and wherever possible because you never know who’s listening.
The Importance of Silence in Court
As an example, you’re in the middle of getting ready for a hearing on your case. Let’s say it’s for prelim, a motion hearing, or you’re getting ready for a jury trial. That’s not the time to be talking with your lawyer. It’s not the time to be muttering to yourself about what you think about each witness’ statement or their credibility. Remember, the judge is right there.
Even if the case hasn’t started, the judge can still hear you. The prosecutors can still hear you. Anyone else in the courtroom can still hear you. What a lot of my clients don’t understand, and I’m realizing this more, is that attorney-client privilege only counts if it’s just the attorney and client that are privy to the conversation.
Attorney-Client Privilege and Open Courtrooms
If you’re here at the office, we’re in one of our conference rooms, you can tell me whatever you want. It’s protected by privilege, absent a couple of exceptions, but for the most part, it’s protected by privilege. I can’t say anything about it, I can’t testify about it, nothing. But if we’re in the middle of the courtroom, everyone can hear what you’re saying because there’s an open mic right next to the table.
That’s not the time to be saying anything because we can all hear you and it’s not going to help your case. These are very, very emotional situations. I get it, I see it all the time. You’re in a position where your freedom is on the line. I understand feeling some type of way about it, but when you’re in court, that is not the time to express that.
Exercise Your Right to Silence
You have the right to remain silent and it is so important that you exercise that right. If you have any questions about what to do with an upcoming hearing or if you are just kind of unsure about how to handle yourself, please give us a call. Again, you can reach me at Wirth Law Office. My name is Carl Birkhead and I want to help you make law easy. Thank you.
Start with a Low-Cost Initial Strategy Session
If you’re feeling overwhelmed or uncertain about your legal situation, take the first step by scheduling a low-cost initial strategy session with an Oklahoma lawyer. Call Wirth Law Office at 918-879-1681 to discuss your case and learn how we can support you in navigating the complexities of the legal system. Let’s work together to make law easy for you.
