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Your rights to stay silent

On Behalf of | Jun 6, 2023 | Criminal Defense

If you’re stopped by an officer in Tennessee, you might think that you have to describe everything that you were doing at the time or answer anything that is asked. However, you do have rights that allow you to stay quiet in most situations.

Staying silent

One of the things to keep in mind about criminal law is that you do have the right to remain silent. While giving your name is often a good idea to consider so that the officer knows who you are, this is often as far as you have to go in regard to answering questions. This applies to whether you’re still in your vehicle or if you’ve been taken to a local jail in handcuffs. The only thing that you would need to do is let the officer know that you would like to invoke your Fifth Amendment right, which means that any questioning is to cease.

Detaining

After you’re stopped, you could be detained while an officer searches your vehicle or your person. This doesn’t mean that you’re being arrested or that you’ll be taken to jail. It simply means that more information is needed. During this time, you don’t have to answer questions whether you’ve been read your rights or not. No one should force you to make any statements unless you voluntarily give details about what you were doing at the time you were stopped. However, any information that you provide could be used against you if you go to court.

Any time that you’re faced with being arrested or even interrogated for suspicious behavior, you don’t have to make any statements. This is a right that you have that could result in charges being dismissed if it’s violated.

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