When you’ve been arrested, the police may pressure you to talk, making it seem like staying silent will only make things worse. However, talking can often do more harm than good. Knowing how to properly assert your right to remain silent can protect you.
The Fifth Amendment gives you the right to avoid self-incrimination. This means you don’t have to answer questions from the police under custodial interrogation. Additionally, exercising your constitutional rights does not imply guilt, and it cannot be used against you in court.
Be clear that you’re invoking your right
You need to be direct when invoking your right to remain silent. You can say something like, “I am invoking my right to stay silent” or “I will not answer any questions without a legal representative”. This communicates that you are not going to answer any more questions, which is well within your rights.
What to expect after staying silent
The police are trained to extract information, and they may ask seemingly harmless questions like, “Where were you coming from?” or “Who were you with?” They might also say that you should talk to them if you are truly innocent.
Stay firm and do not fall for such tactics. Anything you say can be used to build a case against you even after invoking your right to remain silent. As such, it’s best to say nothing beyond your request for an attorney.
If you’ve already answered some questions before invoking your right to remain silent, it doesn’t mean you have to continue talking. The sooner you stop and assert your rights, the better you can protect yourself.
Navigating an arrest and police questioning can be intimidating. Mistakes can have serious consequences, which is why you shouldn’t overlook legal assistance. The proper guidance on what to say or not to say can help ensure you don’t unknowingly waive your rights or make statements that could harm your case.