If you've watched any police show, you've heard the police say these words, "You have the right to remain silent." You know this statement to be a reading of the individual's Miranda Rights, but how much do you know about them? The unfortunate truth is invoking your right to silence is a little more complicated than just not speaking. Knowing how to properly invoke your right to silence is the key to keeping yourself out of trouble.
How Do You Take Advantage Of Your Right To Remain Silent?
You cannot just sit there and not speak and hope the officer catches on. Invoking your right to silence is not that simple. You have to verbally state the fact that you are invoking your right to silence. Even if the officer has not read you your rights, you need to make it clear that you are invoking your right to silence. Otherwise, there is a small chance your silence can actually be used against you as evidence.
When Should You Invoke Your Right To Remain Silent?
As soon as officers start questioning you, you should advise the officers that you wish to invoke your right to remain silent. Otherwise, you could say something that could come back to haunt you later on. Be sure to stay consistent with remaining silent. If you start talking hours after you have invoked your right to remain silent, you could void that right.
Why Should You Invoke Your Right To Remain Silent?
First of all, people tend to get nervous when they are dealing with law enforcement. They start giving too much information or inaccurate information. The prosecutors will use what you said later in the court case to try to prove you are a liar. The best way to avoid this is to invoke your right to remain silent and not say anything at all.
Secondly, the arresting officer may not have the best memory. The officer may record what you say incorrectly. The best way to avoid this is to just take advantage of your right to remain silent until your criminal lawyer arrives and not give the officer anything to incorrectly record.
Make sure that you have a complete understanding of the Miranda warnings. Your understanding of the correct way to invoke your right to remain silent could mean the difference between jail time and freedom. Whether you are completely innocent or not, these are legal rights that you have at your disposal.
For more information, contact an experienced lawyer from a law firm like Kaiser Law Group.Share
9 February 2015
Were you injured at work and fighting to get the workers compensation that you have paid into each year? Sometimes, getting those payments can be very difficult. What do you do when an employer fights the claim? Do you need a lawyer to help you through the process? How will you pay for a lawyer if you cannot even pay your electric bill? You are probably as lost as I was when I went through the process. Fortunately, you can learn from my experience with the system and find the answers to many of the questions that you have about filing a workers comp claim and fighting the system when it is denied.