Many people have heard Miranda rights read on television shows and in movies. One of the fundamental rights is the right to remain silent. This is a critical protection for anyone who may be facing criminal charges.
This right to remain silent prevents you from having to incriminate yourself in a crime. Here are a few things that it’s important to know about invoking your right to remain silent.
You must invoke your rights
You must make it clear that you’re invoking your rights. This includes making a firm statement, such as:
- “I choose to remain silent.”
- “I invoke my Fifth Amendment rights.”
- “I’d like to speak to my attorney.”
It’s not enough to just assume that the officers know you want to invoke your rights by just remaining silent.
Your rights apply across the board
Once you invoke your right to remain silent, it applies even if the personnel change. The current officers can’t call in other ones to resume questioning. You also can’t pick and choose what you answer. You shouldn’t be asked any questions after you say that you’re remaining silent.
Invocation doesn’t equate to an admission of guilt
Some people worry that invoking their right to remain silent is an admission of guilt; however, the U.S. Constitution makes it clear that you can choose to stay silent without it being construed as guilt.
It’s critical for anyone who’s interacting with police officers to have a basic understanding of their fundamental rights. Violations of these rights can be included in a criminal defense strategy, so it’s critical to make note of them and discuss them with your legal professional.
