Friday, January 27, 2023

An Introductive Guide to Invoking Your Right By Staying Silent!

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Shreya Christina
Shreya has been with for 3 years, writing copy for client websites, blog posts, EDMs and other mediums to engage readers and encourage action. By collaborating with clients, our SEO manager and the wider team, Shreya seeks to understand an audience before creating memorable, persuasive copy.

The right to silence often referred to, as your right to remain silent is a right that every person in this country has. The Constitution’s Fifth Amendment states that no person can be forced to become a witness against himself. It means that law enforcement officers cannot force you or other authorities to answer their questions if they believe you are guilty of a crime. If the authorities want an answer, they must rely on your voluntary cooperation. As a result, you are generally left alone to do what you want in your own time and in your way without interference or intimidation from law enforcement officers. That is the core of your right to remain silent.

  • Right to Remain Silent:

Whenever an individual is arrested, they have the right to remain silent until they speak to a qualified attorney. They have the right to have an appointed attorney paid for by the state if they cannot afford one. The arresting officer is legally obligated to give that person a “Miranda Warning” before asking them questions or interrogating them. 

A Miranda warning is a term that refers to the requirement that police officers must inform suspects of certain rights when making an arrest. This warning also applies when it is believed that people can use a statement against you in court, such as during interrogation or when being questioned about committing a crime. You can visit Oberheiden, P.C. – White Collar Criminal Lawyer of New York to learn more about the concept.

  • Miranda Rights:

The Miranda Warning must be given to you five times before you are asked any questions. You have the right to remain silent. In case you say something, the authorities can and will be use it against you in the court of law. You have the right to speak with an attorney before you interact with the police.  You also have the right where an attorney will be present during questioning now or in the future. If you so desire and cannot hire an attorney, one will be appointed for you without cost and before questioning if you wish.

  • Police Advise You of Your Rights:

The police will read the warnings to you from a card that contains the Miranda Warning. They will not allow you to leave until they are satisfied that you understand your rights and have been read your rights. Suppose you or the police have any doubt about your understanding of the warning. In that case, you can ask for a clarification of any part of the warning before you answer any questions about alleged criminal activity. The prosecution may attempt to prove that you had received a Miranda Warning by getting testimony from the officer who informed you of your rights or asking whether anything was said to suggest that you understood them.

  • Using Evidence of Silence:

The police may use evidence from your public statements or actions that prove you knew about your rights, including the warning. They can use this to argue that you voluntarily waived your rights and thus encouraged the questioning and are responsible for any incriminating statements you made. There is no way to predict whether people will use this evidence against you or if it will be a significant factor in the prosecution’s case against you. Unfortunately, talking to a lawyer before making any statements may not stop the prosecution from using them against you.


The right to remain silent is an important right that allows you to protect yourself and your legal rights. You can invoke your right to remain silent by refusing to sign anything and asking for a lawyer when the police question you about a crime. You cannot be forced to make any statements or participate in line-ups or photographs.

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