Being arrested or interrogated by police can be a stressful and emotional experience. Because of this, the chance of saying something that can harm your case or situation is high.
Police must read you Miranda warnings when you are arrested. The purpose is to tell you the rights you have. One of the most important of these rights is your right to remain silent, which is guaranteed to you under the Fifth Amendment of the U.S. Constitution.
Ways to invoke your right to remain silent
You should invoke your right to remain silent immediately. You do not need to say anything special to invoke this right. Simply state you are asserting your right to remain silent and do not say anything else.
Alternatively, you can invoke your right by not saying anything at all. However, this may result in police officers continuing to question you, trying to get you to eventually start talking. Politely tell them you will remain silent.
This might be difficult and go against your natural instincts. When we believe we are in trouble, we want to tell our side of the story. You might believe that if you can just explain things, the police officers will let you go.
Preventing misunderstandings
The problem with this is that your nervousness and anxiety can cause you to provide an improper or incomplete explanation. Your words may come out wrong or be misinterpreted.
Staying silent prevents miscommunication and misunderstandings. You will have time to compose yourself, gather your thoughts and be ready to talk at the appropriate time.
If you talk, you could find yourself in bigger trouble than you had been if you had said nothing at all. Although it will undoubtedly be challenging, stay silent and request an attorney. You will have a chance to tell your side of the story later.
Protecting privacy
Staying silent protects your Fifth Amendment right against self-incrimination and allows you to stay in control of the situation. It also protects your privacy by keeping confidential information from becoming public through your statements.
Remember that you are innocent until proven guilty under the law. This is a fundamental part of the U.S. legal system.
You do not need to prove anything. Any statements you make could potentially give prosecution evidence they need to secure a conviction.
Staying silent protects your due process rights. This ensures that everyone is treated equally under the law. The right to remain silent, combined with your due process requirements, further protects you against a false conviction.
When you have a right to remain silent
Your right to remain silent applies to various situations outside of an arrest. You have the right to remain silent during a routine traffic stop, when you are detained, if you are being investigated for a crime or during a post-arrest interrogation.
The right to remain silent continues through the criminal process, even up to a trial. You have a right to not testify and to “plead the Fifth” if you are testifying and asked incriminating questions.
By preventing miscommunication, protecting your rights and allowing you to maintain the presumption of innocence, the right to remain silent ensures the legal process is fair and reliable.