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Do you actually understand your right to remain silent?

by | Apr 27, 2022 | Criminal Defense

You probably know about your right to remain silent, as anyone who watches TV shows with police officers or action movies has heard an officer recite the Miranda Warning. However, knowing the words and understanding what the warning truly means are two very different things.

According to an analysis of prosecution data, researchers believe that as many as one in 10 criminal cases in the United States involves a significant issue with the Miranda Warning or a violation of the defendant’s Fifth Amendment rights.

It is worth the effort to learn more about your right to remain silent, as invoking it at the right time could save you from a criminal conviction.

The police cannot compel you to speak

The Fifth Amendment protects you from self-incrimination in court and from compelled speech when interacting with state authorities. Police officers must advise you of your Miranda rights before questioning you or taking a confession so that you can make use of those rights.

Still, officers may preface the warning or follow it up with a promise to help you or a threat of what not cooperating might cause. They might tell you they are friends with the prosecutor and could help you avoid jail time if you try to tell the truth and make things right. They might go the other route, threatening you with additional charges or the worst penalties possible if you don’t speak up now.

Police officers have the right to lie to you during an investigation and interrogation. They will do their best to manipulate you into waiving your right to remain silent and then employ psychological tactics against you to trick you into implicating yourself.

Your right to remain silent is absolute

You can refuse to answer even basic questions, like your name and your age. Most people make mistakes during police questioning which is why staying silent is often the best approach.

Police officers want to manipulate you and trick you into admitting things you don’t want to or contradicting yourself to show that you have lied. While you may think that you can handle the interrogation process, you may find yourself tripping over your own words when you answer the same question for the fifth time in as many hours.

In addition to your right to remain silent, you also have the right to an attorney. Having a lawyer represent you after your arrest can help ensure that the police don’t trick you into making statements that will hurt your position later in court. Learning more about your civil rights will help you fight back when the state tries to accuse you of a criminal offense.