Miranda warning is because you have the 5th amendment right not to incriminate yourself. The right to remain silent found in the Miranda warnings is based upon the 5th Amendment, same as the right to a lawyer (also in the Miranda warning) is based upon the 6th. You don't have to say "I plead the 5th" in order to exercise that right...you can simply say "I wish to speak with my attorney before answering any questions" and any interrogations must stop at that point (any answers you might give to questions posed after this point are easier for your lawyer to challenge). If all you do is sit silently, they can (and will) continue to ask questions, and anything you might let slip is still admissable because you gave no indication of your desire to consult with councel.
7 Points for not switching to SB after Off Duty
Discussion in 'ELD Forum | Questions, Answers and Reviews' started by Noahd, Aug 14, 2018.
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I always tell my family the 5th says I do not have to answer, and the 6th gives them someone to talk to so they do not get lonely.
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