What to Know About Pre-Arrest Silence

by | Aug 16, 2008

You have the right to remain silent at any time.

In a recent opinion by the Pennsylvania Superior Court, Commonwealth v. Lettau, 2008 Pa. Super. 152 (2008), the Court held that a prosecutor’s repeated references during direct examination of an investigating officer and during cross-examination of defendant’s pre-arrest silence violates his 5th Amendment right to remain silent.

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