What is my right to remain silent?

Your right to remain silent is part of your Fifth Amendment right against self-incrimination. The Fifth Amendment states, “No person… shall be compelled in any criminal case to be a witness against himself.” Therefore, you have a constitutional right not to say anything if you are interrogated by the police.

The right to remain silent should be read to you as part of your Miranda warning. A Miranda warning is a warning given to citizens before an interrogation by the police. Every U.S. jurisdiction has its own regulations about exactly what has to be said, but in general a Miranda warning will have the following elements.

• You have the right to remain silent.
• If you do say anything, what you say can be used against you in a court of law.
• You have the right to consult with a lawyer and have the lawyer present during any questioning.
• If you cannot afford a lawyer, one will be appointed for you if you so desire.
• If you choose to speak to the police officer, you have the right to stop the interview at any time.

 

How do I assert my right to remain silent?

According to the new ruling by the Supreme Court, you must make it clear you are invoking your right to remain silent. For example, you can say: “I choose to exercise my right to remain silent.” Or, “I am invoking my Fifth Amendment right to remain silent.” Once you assert your right to remain silent, the police must stop all interrogation and honor your request. You may also choose to request a lawyer to counsel you on your rights.

But the right must be expressly asserted. If you simply stay silent and don’t say anything, the police do consider the right invoked and may therefore continue to interrogate you and use anything you say during the interrogation as evidence against you.

What happens if I do not assert my right to remain silent?

The Supreme Court has held that police are allowed to interrogate suspects who have not invoked their rights. This means if you have not clearly and expressly indicated that you are asserting your rights, the police will consider them waived. Then any statement given during questioning is admissible as evidence.

What should I do if I’m still not sure about my rights?

You should consult a lawyer immediately if you are unsure about your rights or are being investigated for a crime. You have a constitutional right to seek counsel and should exercise it if you are at all concerned your rights are not being protected and enforced. While you have the right to remain silent, a skilled attorney can ensure all your constitutional rights are respected during a criminal investigation. Contact the Oklahoma criminal defense lawyers at Atkins & Markoff as soon as possible to schedule an initial consultation if you are being investigated for a crime.