Right to Remain Silent

Scott Scherr • August 31, 2023

Exercise your right to remain silent under the Fifth Amendment

We all have seen the Miranda warnings on television. The police officer arrests someone and starts out by saying, "You have the right to remain silent. Anything you say can and will be used against you."


These statements are absolutely true! You have the absolute right to remain silent. You do not need to answer any of the police officer's questions. You should always be respectful and polite, but you do not have to say anything. If you make a statement, it will be used against you in court.


Many times the police obtain their best evidence by questioning a suspect. They will pressure or even bully the individual to get him to tell them what happened. In some cases, the police would have no case except for the fact that the suspect admitted to being at the scene.


For example, the police may respond to a single car accident. They have no idea of the identity of the driver although they may suspect someone. They may not be able to prove the identity of the driver if not for an admission by the suspect.


Other Defendants may think they can "explain" why they were at the scene of a theft. The police may not even have any evidence the suspect was there.


Any individual stopped or being interrogated by the police should think twice about speaking to the police at all. This is true even before their rights are being read to them. In fact, if you are unsure whether to cooperate with the police, remember the next portion of the Miranda warning: the right to an attorney.


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