Your Right to Remain Silent

Your Rights When Arrested

If a police officer is arresting you for an alleged crime, one of the most important things you can remember is that you have the right to remain silent. Your first instinct if a police officer is arresting you is likely to protest. You may want to say that you have not done the crime they are accusing you of. However, even if you did not commit the crime, saying anything at all can still work against you later on. It is important to know what your rights are regarding self-incrimination and how you can protect yourself when you are being arrested. Below, lawyers go into more detail about invoking your rights and how we can help you. If you have been arrested, please reach out to a member of a legal team today.

Does the arresting officer need to tell you what your rights are?

When a police officer is interrogating you, they may try to make you feel as comfortable as possible or they may threaten you and make you feel like you must tell your side of the story. This can be very tempting when you believe that your side of the story will allow you to go free. However, it is important to know your rights. It is important to remember that even though you remain silent, a police officer (in most cases) cannot use your silence to their questions as evidence that you are guilty of a crime. If a police officer is asking you questions but you are not in their custody, they are under no obligation to read you the Miranda warnings. If they do arrest you and you are in their custody, though, they do need to provide you with the Miranda warnings.

What if the police officer does not read the Miranda warning when they are supposed to?

If you are in custody and the police officer is asking you questions, you may feel a responsibility to answer these questions. The police officer must read you the Miranda warning if they have arrested you. If they do not and you answer questions, your answers cannot be used as evidence against you at trial.

What should you say to invoke your right to remain silent?

For your silence not to be used as any type of evidence, you must explicitly state that you are invoking the Fifth Amendment so that you cannot self-incriminate yourself.

Should I get an attorney?

Any time you are being charged with some sort of criminal activity, the best thing you can do for yourself is to speak with an attorney as soon as possible. Your attorney can guide you through which questions you should answer and which questions you should not.

Never try to fight criminal charges on your own. If convicted, you may face lengthy prison sentences, jail time, probation, fines, and a permanent criminal record. For more information on how an attorney can help you, please call a law firm now.

Source: Criminal Lawyers Long Branch, NJ, Rispoli & Borneo, P.C.


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