How to Protect Your Rights During a Homicide Investigation
Being involved in a homicide investigation is one of the most serious and stressful situations a person can face. Whether you are a suspect, a person of interest, or simply a witness, understanding and protecting your rights is crucial. The steps you take during this initial phase can significantly impact the outcome of your case. It is vital to remain cooperative with law enforcement while simultaneously safeguarding your rights against self-incrimination. Attorney Josh Tomsheck, a nationally board-certified criminal defense attorney with extensive experience in handling homicide cases, offers critical advice on how to navigate these challenging circumstances while protecting your legal rights.
Understanding Your Rights: The Fifth and Sixth Amendments
The Fifth and Sixth Amendments to the United States Constitution provide fundamental protections during criminal investigations. The Fifth Amendment guarantees your right to remain silent and protects against self-incrimination, while the Sixth Amendment ensures your right to legal representation.
The Right to Remain Silent: The Fifth Amendment states that no person "shall be compelled in any criminal case to be a witness against himself." This means you have the right to refuse to answer questions that could incriminate you. In Nevada, this right is echoed in NRS 171.123(3), which permits individuals to decline to provide statements to law enforcement during an investigatory stop unless certain conditions are met.
The Right to an Attorney: The Sixth Amendment guarantees the right to counsel. If you are a suspect in a homicide investigation, you have the right to request an attorney before answering any questions. This right is crucial to ensure that you do not unintentionally say anything that could be used against you in court.
Key Steps to Protect Your Rights
1. Remain Cooperative but Cautious
It is important to remain calm and polite when interacting with law enforcement. Being uncooperative or combative can escalate the situation and lead to additional legal problems. However, cooperation does not mean relinquishing your rights. You can be respectful and compliant without providing information that could be used against you.
For instance, if law enforcement officers ask for basic identification information, such as your name and address, you should provide it. However, if they begin to ask more detailed questions about your activities, whereabouts, or involvement in the incident, you should assert your right to remain silent and request legal representation.
2. Assert Your Right to Remain Silent
The right to remain silent is one of the most powerful tools you have during an investigation. Once you clearly state that you are invoking your Fifth Amendment right, law enforcement officers are legally required to cease questioning. This is often referred to as "pleading the Fifth."
In the landmark Supreme Court case of Miranda v. Arizona, 384 U.S. 436 (1966), the Court held that individuals must be informed of their rights, including the right to remain silent, before any custodial interrogation. This is where the term "Miranda rights" comes from. If you are in custody and not informed of these rights, any statements you make may be inadmissible in court.
It is important to be explicit when invoking your right to remain silent. You should say something like, "I am invoking my right to remain silent and would like to speak with an attorney." This clearly communicates your intentions and helps protect your rights under both federal and Nevada law.
3. Request an Attorney Immediately
If you are involved in a homicide investigation, requesting an attorney should be your top priority. Having an experienced attorney like Josh Tomsheck by your side can prevent law enforcement from using intimidation tactics or from misconstruing your statements. The presence of legal counsel also ensures that you are fully aware of your rights and the implications of any actions you take.
The Supreme Court in Escobedo v. Illinois, 378 U.S. 478 (1964), emphasized the importance of legal representation during police interrogations, holding that the denial of access to an attorney violated the Sixth Amendment. Under Nevada law, if you request an attorney, law enforcement must stop questioning you until your attorney is present.
It is crucial to remember that even if you are not formally arrested but are being questioned in a manner that could lead to self-incrimination, you have the right to request an attorney. Politely but firmly state, “I would like to speak with my attorney,” and do not engage in further discussion until your lawyer is present.
4. Avoid Self-Incrimination
During a homicide investigation, the risk of self-incrimination is high. Even seemingly innocuous statements can be taken out of context and used against you. For example, providing an alibi or explaining your actions might seem helpful but can inadvertently place you at the scene or contradict evidence collected by law enforcement.
The case of Salinas v. Texas, 570 U.S. 178 (2013), highlights the importance of explicitly invoking your right to remain silent. In this case, the Supreme Court ruled that merely remaining silent without explicitly invoking the Fifth Amendment does not protect you from self-incrimination. Therefore, it is critical to clearly state that you are exercising your right to remain silent.
Moreover, Nevada law, under NRS 51.345 (Statement against Interest) and NRS 51.035(3) (Admission by Party Opponent Exclusion) recognizes that an individual's statements can be used as evidence if they are deemed to be admissions of guilt. This makes it even more important to avoid making any statements without the presence and advice of an attorney.
The Importance of Justifiable Homicide Defense
In certain cases, individuals may find themselves involved in a homicide investigation because they acted in self-defense or were forced to kill in a justifiable homicide situation. Nevada law recognizes justifiable homicide under NRS 200.120 and NRS 200.160, which allow for the use of deadly force in situations where a person reasonably believes it is necessary to protect themselves or others from immediate harm or death.
Josh Tomsheck, with his extensive experience in handling complex homicide cases, has successfully defended numerous clients who were compelled to use deadly force in self-defense. As a nationally board-certified criminal attorney, Josh understands the nuances of these cases and how to present compelling evidence to demonstrate that his clients acted out of necessity and fear for their lives.
Josh's approach to these cases is thorough and strategic. He gathers evidence, interviews witnesses, and works with experts to establish a robust defense based on the principles of justifiable homicide. His deep understanding of Nevada's self-defense laws, combined with his commitment to protecting his clients' rights, has resulted in numerous cases where clients avoided criminal charges entirely.
Why You Need an Experienced Attorney
Navigating a homicide investigation is not something you should do alone. The stakes are incredibly high, and law enforcement will be focused on gathering evidence to build a case against you. Having an experienced attorney like Josh Tomsheck, who understands the intricacies of Nevada law and has a proven track record in handling serious criminal cases, can make a significant difference in the outcome of your situation.
Josh Tomsheck's extensive experience as a former chief deputy district attorney involved in the prosecution of homicide cases gives him unique insight into how investigations are conducted and how prosecutors build their cases. He knows the tactics used by law enforcement and can provide invaluable advice on how to protect your rights throughout the investigation process. His success in defending clients in justifiable homicide cases further underscores his capability to manage even the most challenging legal situations.
Being involved in a homicide investigation is an intimidating experience but knowing your rights and how to protect them can prevent you from making critical mistakes that could impact your future. Remember to remain cooperative but assertive in protecting your rights. Clearly state your desire to remain silent and request an attorney before answering any questions. These steps are not only your legal rights but are essential strategies to safeguard yourself against self-incrimination.
If you or someone you know is involved in a homicide investigation, contact attorney Josh Tomsheck immediately. With his expertise as a nationally board-certified criminal trial attorney and his proven success in defending clients in justifiable homicide cases, he will work tirelessly to protect your rights and provide the defense you need during this challenging time. Call Hofland & Tomsheck today.
