Law Office of Elliott Kanter APC March 2018

DON’T INCRIMINATE YOURSELF What the 5th Amendment Really Means

You hear it recited in all the crime dramas. Cops show up, book their suspect, and tell them, “You have a right to remain silent. Anything you say can and will be used against you in a court of law.” This phrase, otherwise known as the Miranda rights, is one of the few things these shows get right about the criminal justice system. And yet, few people heed this warning in real life. When you believe you are accused of a crime, the absolute last thing you should do is talk to law enforcement. There’s nothing you can say in that moment that will help your case or prevent your arrest. Police are not judiciaries, so they will not be the ones passing judgment on you. But the things you say to them can and will incriminate you. Even seemingly innocuous questions from officers, like “Where were you tonight?” or “When did you get home?” can damage your case beyond repair. Regardless of your innocence, you don’t want to represent or misrepresent anything to law enforcement. Silence in the face of these questions isn’t an admission of guilt. It’s your constitutional right. That’s what the Fifth Amendment is all about. Beyond enshrining your right to a trial by jury, it protects you from being “compelled in any criminal case to be a witness against [yourself].” Silence cannot be used against you in the court of law. The only other phrase that is inadmissible as evidence of guilt is, “I want to talk to a lawyer.” That’s the part of the Miranda rights you don’t hear as often on TV. The declaration goes on to say, “You have the right to an attorney. If you cannot afford an attorney, one will be provided for you.” Exercise this right. With over 35 years in criminal defense law, we’ve seen how much harm even an innocent statement to law enforcement can cause to a case. If you find yourself or a loved one under arrest, please give us a call.

COLCANNON Inspired by foodnetwork.com

INGREDIENTS

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4 scallions, finely chopped

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3 pounds potatoes

Parsley, for garnish

2 sticks butter

Salt and pepper, to taste

1 1/4 cups hot milk

1 head cabbage, cored and shredded 1 pound cooked bacon, chopped into small pieces

DIRECTIONS

1. Steam potatoes for 30 minutes. Peel skins and mash flesh thoroughly. 2. Chop 1 stick of butter into small cubes and add to warm potatoes. Once melted, slowly add milk, stirring constantly. 3. Boil cabbage in water. Add 2 tablespoons of butter to tenderize. 4. Add cabbage, bacon, and scallions to mashed potatoes, gently stirring to combine. 5. Serve garnished with parsley and a pat of butter.

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Law Office of Elliott Kanter APC | (619) 231-1883

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