[BC] re: communications attorney was: am radio kit - busted

[Mike McCarthy]

Careful Bernie...

This area is very grey.  Since were not talking of a criminal 
investigation, the Miranda rights advisement doesn't necessarily apply.  So 
saying nothing at all could be construed as simply not being responsive and 
actually worse than if a simple reply of "We have received your 
notification and reserve comment." Then say nothing more.

The 5th Amendment applies in all cases.  None the less, invoking the 5th 
carries with it a great deal of potential baggage.

MM

At 10:53 PM 2/8/2006 -0500, Bernie Courtney wrote
>Saying *nothing* is a perfectly legal response during questioning, whether
>it be official (as in an interrogation) or unofficial as it seems in this
>situation, or any other, like say a cop that pulled you over for asking you
>about whats in your trunk or where your coming from, etc which are usually
>just ways of fishing for information to use against somebody.
>
>If the police arrest you for a crime even they must offer up that bit of
>knowledge in the reading of ones Miranda rights.  Ones right against self
>incrimination has absolutely nothing to do with hindering prosecution or
>obstruction which are totally a different matter.  If he was to receive a
>certified letter that required a response and did not respond that would be
>a completely different matter.
>
>bern
>
>On 2/8/06, Craig Bowman <craig1 at shianet.org> wrote:
> >
> > I did not suggest that you said to lie but misleading and obstruction
> > are brothers in jail.  By not responding you might be obstructing even
> > if your response is that I do not intend to respond.
> >
> > Craig Bowman
> >
> > Bernie Courtney wrote:
> >
> > >i never said lie, i said keep his mouth shut and ignore his questions--
> > >there's a big legal difference.
> > >
> > >And for what its worth that IS the advice my lawyer gave me ANYTIME I
> > have a
> > >run in with a member of law enforcement-- silence is golden :)
> > >
> > >On 2/8/06, Craig Bowman <craig1 at shianet.org> wrote:
> > >
> > >
> > >>Or just trying to get your stuff to avoid putting you in jail and having
> > >>to do a bunch of paper work.  Remember, Martha was jailed for lying to a
> > >>federal officer.  Find a lawyer and do what they say.
> > >>
> > >>Craig Bowman
> > >>
> > >>
> > >>
> > >>
> > >
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