You hear it on television and in movies all the time. You have the right to remain silent. But if you find yourself in police custody, it can be easy to forget. You're under a great deal of stress, and if there's been a mistake you may feel desperate to be heard.
1
Your rights
Even if you've done nothing wrong, it's in your best interest to remain silent. It's true that anything you say can be used against you. Don't be tempted to give explanations or convince the arresting officer that you are innocent. Your right to remain silent includes the right to refuse to answer questions or give a statement -- either written or oral. You can simply keep silent, or tell the officer that you are exercising your right to remain silent. You also have the right to counsel, and you can tell the officer that you want to talk to your attorney.
2
Don't get talked into talking
If you're told that you will be better off if you talk, or that your punishment will be less if you give up some information, don't do it. Even if you're told it's just "routine" and that you're not being officially questioned, stay silent. Even if it seems harmless and casual, exercise your right. Your words can be twisted to mean something different. Even if you start talking and then realize you shouldn't be talking, stop as soon as you remember to do so.
3
Remain silent even when you're out of custody
Don't talk to family members and friends about what happened or what you're accused of. You may be eager to get something off your chest, or explain things to someone close to you, but it can backfire. These statements can be used against you later on.
4
What to do if you already talked
It's never too late to talk to an attorney. If you said something that is being used against you, don't get discouraged and don't give up. You are innocent until proven guilty. Find an experienced criminal defense attorney. Make sure they are familiar with the courthouse your case is assigned to, and that they have handled your type of case before.
Comments - add comment