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Should you remain silent after an arrest?

On Behalf of | Jan 17, 2023 | Criminal Defense |

Before you ever face an arrest on a criminal charge, you should understand your legal rights. Many people are familiar with Miranda rights conceptually, but they do not fully appreciate what those rights protect. Your right to remain silent is one key element of Miranda rights.

Understand the basics of your right to remain silent and what it means for your arrest and interrogation.

How do you invoke your right to remain silent?

There are a number of ways to invoke your right to remain silent. State that you wish to assert your Miranda rights. Alternatively, you can state that you refuse to answer questions without an attorney. You cannot invoke your right to remain silent by not saying anything. You must assert the right clearly and verbally.

What do you do once you invoke your right to remain silent?

If you have asserted your rights, it is important that you say nothing from that moment forward. If you choose to speak after asserting your right to silence, anything you say is relevant in court. You cannot pick and choose the questions you want to answer if you assert your right to silence. Answering any questions after invoking your right to silence appears as waiving that right, and any information you provide is evidence in any case against you.

Understand the importance of your right to remain silent and the role it plays in protecting you during any legal interrogation. Be mindful of your words and the questions you answer to protect yourself.