Your first interaction with law enforcement can shape the entire direction of your criminal case. What you say while nervous, confused or trying to be helpful can be used as evidence against you.
It is why you have the right to remain silent. You don’t have to answer questions that could be used against you in a criminal case. This right applies during traffic stops, field questioning and custodial interrogations. However, few people know how to assert this right properly.
Be clear about it
To clearly assert your right to remain silent, you must be straightforward. Do not remain silent or hint that you wish to exercise your constitutional rights. Be direct and to the point. You may, for instance, say, “I am exercising my right to remain silent. I want to speak to an attorney.”
That single sentence legally shuts down questioning. If the police keep talking to you, repeat the words calmly and firmly. Don’t re-engage in any conversation, ask questions or try to correct the record. You may unknowingly waive your right to remain silent if you start talking, and the police can use whatever you say against you.
Silence is not an admission of guilt
Most people worry that staying quiet makes them look suspicious or as if they are hiding something. In reality, the law does not allow your silence to be treated as evidence or proof of wrongdoing. You’re only exercising a constitutional protection by choosing to remain silent.
Your right to remain silent can significantly help your defense, but relying on it alone is not enough. Getting early legal guidance can help protect your rights and interests when interacting with the police and craft a defense strategy that will increase the likelihood of a desirable outcome.