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What do you have to say to invoke your right to remain silent?

On Behalf of | Sep 14, 2022 | Criminal Defense

Although the “right to remain silent” is said often on television and movie screens, people may struggle to understand fully what it means. Particularly, Tennessee residents may not understand when they have the right and what they must say to invoke their right of silence.

Miranda rights include the right to remain silent

If you are living in the U.S. and want to have an understanding of the right to remain silent, you should understand your Miranda Rights. The Miranda rights include all of the following:

• You have the right to remain silent.

• If you say anything, it can be used against you in court.

• You have the right to an attorney.

• The court will appoint an attorney if you cannot afford one.

When do you have the right to remain silent?

Criminal law recognizes that you have a right to remain silent any time you are taken into police custody. This includes when you are interviewed or interrogated, but not yet arrested. You can also invoke your right after you have been arrested.

How do you invoke your right to remain silent?

If you want to invoke your right to remain silent, you must verbally state your intention to remain silent. The clearest way to state your intention is to state, “I am exercising my right to remain silent.” You may also state that you will only speak with an attorney. Simply remaining silent without verbally invoking your right to remain silent may be used against you as evidence of guilt.

The Constitution guarantees the right to silence

By remaining silent, you are preventing self-incrimination. The Constitution guarantees this right to everyone in the U.S., and it is a right that should be protected during all law enforcement interactions.

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