Your Right to Remain Silent – What It Really Means
You may have heard of the concept of the right to remain silent or heard the common Miranda rights warning while watching a police drama show. But what exactly does this right mean? And more importantly, when might you need to assert it? Our Indianapolis criminal defense attorneys from The Criminal Defense Team provides information about this critical right.
What Is the Right to Remain Silent?
The right to remain silent is a legal principle founded in the Fifth Amendment to the United States Constitution. The relevant portion of this amendment, as it relates to criminal investigations, is that a person shall not “be compelled in any criminal case to be a witness against himself.” Law enforcement does not have the right to force you to talk or incriminate yourself. Under this right, a person can refuse to answer questions during a police interrogation. Their refusal cannot be used against them to punish them.
The right to remain silent is recited as part of the Miranda rights, which derive from the United States Supreme Court decision in Miranda v. Arizona, 384 U.S. 436 (1966). This is where the police inform the defendant that they have the right to remain silent, that anything they say can be used against them in a court of law, and that they have the right to an attorney. If the defendant invokes their right to legal counsel, police must immediately stop any further questioning. If the defendant makes a statement after invoking their right, these statements are generally not admissible in court.
What Is the Purpose of the Right to Remain Silent?
The purpose of the right to remain silent is to protect people from being compelled to incriminate themselves in a criminal matter. If a person is to be convicted of a crime, it should be based on evidence that law enforcement obtains against the defendant, not on the defendant’s statements against their interest.
If a person does not exercise their right to remain silent, police can generally use anything the defendant says against them to try to convict them.
When Does the Right to Remain Silent Apply?
The right to remain silent can apply in different settings. It can apply in police questioning, especially if the defendant is considered to be in custody. It applies after a person has been read their Miranda rights and after they have been arrested.
A related right is the right to be free of self-incrimination. The prosecution does not have the right in most cases to require the defendant to testify against themselves. Nor can the prosecution imply that by not testifying, the defendant is guilty.
Protect Your Rights by Contacting an Experienced Criminal Defense Attorney Today
At The Criminal Defense Team, we focus on protecting the rights of the accused. Our team includes four of the five board-certified criminal trial specialists in the state, so you can trust that we have an in-depth knowledge of criminal law and how to mount an effective defense. We can explain your legal rights and protect you during any police interrogations. Call us at (317) 678-9853 to get started with a free and confidential consultation.