When you’re taken into custody, the situation can quickly become overwhelming. However, it helps to understand and assert your legal rights, including the right to remain silent. The U.S. Constitution’s Fifth Amendment guarantees this right.
What exactly does this mean, and how can you assert your right to remain silent when under arrest? Here is what you need to know.
What is custodial interrogation?
Custodial interrogation refers to police questioning that takes place when you are in custody. Once you are read your Miranda rights, anything you say to the police can be used as evidence against you in court. In other words, the police can build a case against you using the information you provide.
Your Miranda rights also include your right to an attorney. This means you have a right to legal representation before answering any questions or making statements to the police.
How to assert this right
Asserting your right to remain silent is pretty straightforward, but doing so clearly and confidently is crucial. You don’t need to respond to any questions beyond simply stating, “I am exercising my right to remain silent,” or directly requesting an attorney by saying, “I would like to speak to an attorney before answering any questions.”
Simply staying silent or stonewalling is not sufficient. You should leave no room for doubt or misinterpretation. If you do not exercise your right to remain silent, law enforcement may continue to question you or use your silence against you.
Avoid making costly mistakes
Invoking your rights when under interrogation by law enforcement can significantly help your case. Stay calm, and do not answer any questions without qualified legal guidance. Remember, your criminal case begins here, and a wrong start can be disastrous.