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Justin Bieber, you had the right to remain silent

By Eboni K. Williams
updated 9:16 AM EST, Fri January 24, 2014
<a href='http://www.cnn.com/2014/10/05/sport/michael-phelps-dui/index.html' target='_blank'>Swimmer Michael Phelps</a>, the most-decorated Olympian of all time, tweeted Sunday, October 5, that he is taking a break from the sport "to attend a program that will provide the help I need to better understand myself." The announcement came after Phelps was charged on September 30 with driving under the influence of alcohol. Swimmer Michael Phelps, the most-decorated Olympian of all time, tweeted Sunday, October 5, that he is taking a break from the sport "to attend a program that will provide the help I need to better understand myself." The announcement came after Phelps was charged on September 30 with driving under the influence of alcohol.
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STORY HIGHLIGHTS
  • Teen star Justin Bieber was arrested early Thursday morning
  • Defense attorney Eboni K. Williams says he made a mistake when he talked to the police
  • She argues in doing so, he helped the state's case against him
  • Williams: Justin Bieber should have just shut up

Editor's note: Eboni K. Williams is a criminal defense attorney and legal analyst based in Los Angeles. She has worked as a public defender, private trial lawyer and also provides commentary on legal and political issues from a pop culture perspective. You can follow her on Twitter @Eboni_K.

(CNN) -- In a few terrible seconds, teen star Justin Bieber made his attorney Roy Black's job a heck of a lot harder.

Bieber, who was arrested in Miami Beach on Thursday for drunken driving, resisting arrest and driving without a valid license, decided it would be a good idea to spill his guts to the Miami Beach Police Department.

According to Miami Beach Police Chief Raymond Martinez, during his arrest, Bieber "made some statements that he had consumed some alcohol, and that he had been smoking marijuana and consumed some prescription medication," before getting behind the wheel of a yellow Lamborghini.

Eboni K. Williams
Eboni K. Williams

Justin Bieber arrested on drunken driving, resisting arrest charges

On the surface, this could look like Bieber was just being an honest guy, admitting to his wrongdoings. But look a little further, and you'll see a young man who has done the worst possible thing a defendant in any case could do. He opened his mouth. And in doing that, he's also doing the state's job for them.

Justin Bieber should have just shut up.

The great thing about the American justice system is that it is based on an adversarial process that requires the state to actually PROVE your guilt with evidence.

Guess whose job it is to gather that evidence? That's right, it's the job of the state -- in this case, the state of Florida.

The defendant is entitled to a presumption of innocence. The defendant -- nor his attorney -- doesn't have to prove a thing. The defense attorney only needs to raise reasonable doubt to the state's version of the story.

Where Bieber went wrong was voluntarily handing over evidence of his own guilt by admitting to criminal behavior, and therefore assisting in handing the prosecutor a conviction on a silver platter.

Police report details Bieber arrest

The moment Bieber was placed under arrest, he was read those words that we hear on every procedural cop drama on television: "You have the right to remain silent."

Bieber leaves jail, gives a wave to fans
Former rap mogul Marion "Suge" Knight and comedian Micah "Katt" Williams were arrested Wednesday, October 29, accused of stealing a photographer's camera last month. Knight, 49, faces up to 30 years in prison because he has a prior conviction for assault with a deadly weapon. Former rap mogul Marion "Suge" Knight and comedian Micah "Katt" Williams were arrested Wednesday, October 29, accused of stealing a photographer's camera last month. Knight, 49, faces up to 30 years in prison because he has a prior conviction for assault with a deadly weapon.
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Trouble seems to pursue pop star Justin Bieber. In January, he was charged with driving under the influence in Miami, a case he settled in August by pleading guilty to careless driving and resisting arrest. And he is on probation for a vandalism conviction that resulted from egging a neighbor's home. Click through to see more of Bieber's troubles in the last couple of years. Trouble seems to pursue pop star Justin Bieber. In January, he was charged with driving under the influence in Miami, a case he settled in August by pleading guilty to careless driving and resisting arrest. And he is on probation for a vandalism conviction that resulted from egging a neighbor's home. Click through to see more of Bieber's troubles in the last couple of years.
Justin Bieber's troubled timeline
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Justin Bieber\'s troubled timeline Justin Bieber's troubled timeline
Video shows Bieber on night of arrest

All Bieber had to do was shut his mouth. Such a simple concept.

It makes no sense why more defendants don't use this precious liberty. Contrary to popular belief, keeping your lips sealed is not an indication of guilt. It's just plain smart.

It gives your defense lawyer a much greater chance of success, because his client isn't participating in his own prosecution. When you are fighting the state and their plentiful resources of investigators, detectives, crime labs and prosecutors, the last thing a defense lawyer needs is his own client working against him.

Roy Black is NOT happy with his client right now.

Defending a client against an impaired driving charge is no easy task. The public interest in keeping impaired drivers off the road is understandably great. No one wants to see our society in harm's way because of irresponsible drivers.

However, the integrity of our justice system requires that every defendant get an opportunity to have his guilt or innocence determined according to the evidence against him.

By making statements against his own interests, Bieber actually helps to undermine the whole process. His lawyer's job is not to get him "off." Black's task is to hold the state accountable to its burden of providing evidence -- beyond a reasonable doubt -- that Bieber is in fact guilty of the crimes charged against him.

By failing to perform the simple task of remaining silent, Bieber has done the exact thing Miranda rights are designed to prevent -- he has incriminated himself.

Unlike instances where outside evidence can be refuted by the defense as speculative or circumstantial, self-incrimination is incredibly tough to refute because the defendant himself provided it. Unless you want to attack the credibility of your own client, the defense lawyer is in an awful position. Sure, defense lawyers can try to suppress the statements, but without facts to support coercion, this can also be a tall order.

The right to remain silent is a gift from our Constitution (from the Fifth Amendment, to be exact).

So if you are ever in as an unfortunate situation as Bieber found himself in early Thursday morning, listen to the police officer's instructions, cooperate fully, call your attorney -- and keep your mouth shut.

Remember, you have that right.

Follow us on Twitter @CNNOpinion.

Join us on Facebook.com/CNNOpinion.

The opinions expressed in this commentary are solely those of Eboni K. Williams

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