Video – Attorney Darryl Stallworth Counsels The FIRST Thing You Must Do In A Domestic Violence Incident

Ray Hrdlicka – Host – Attorneys.Media

What can you say to somebody, they’re in the middle of an argument, and there’s never been any history.  But the police arrive…neighbor calls them, something happens.  What would be your legal advice to the person, the moment that law enforcement presents itself?

Darryl Stallworth – Criminal Defense Attorney – Alameda County, CA

You tell that law enforcement officer, agent, that I am invoking my right to remain silent, that I am going to consult with my lawyer.  If you’re going to arrest me, then go ahead and arrest me.  But I’m not giving a statement, and I’m not answering any questions.  And this is across the board for everything.

Because it’s a simple, really, really important piece of information that most people don’t understand…is that in that situation, you’re not in the best position to describe what happened.  In that situation, you don’t understand the elements of what you’re going to be charged with.  In that situation, if you give a statement and it’s inconsistent, it’s going to seem as if it’s being dishonest.  You’re not giving yourself a chance to really understand and appreciate what’s taking place until you’ve consulted with a lawyer.

So even though you feel like you have nothing to hide, and you feel like you didn’t do anything, your mere statements sometimes can be perceived as being skeptical and deceitful.  And that oftentimes could be a reason why you’re going to get charged with the crime.

So as much as people know and understand that they watch TV and they understand you’re supposed to invoke your right, oftentimes in that environment, they get nervous and they feel like they can talk the way out of it.  And I say clearly, without any type of ambiguity, you should always say, I invoke my right to remain silent.