Table of Contents
Introduction
Knowing that you have rights isn’t always as easy as it seems. Most of us are nervous or afraid when the police ask. Nevertheless, it is useful to know the detailed method.
You have the right to remain silent when dealing with the police. First, however, you must know how to exercise this right. The Fifth Amendment gives police the right to remain silent during interrogation.
A 1966 US Supreme Court decision requires police to disclose this right when making an arrest.
Although the prosecutor can use any statements you make about yourself, staying silent can be a good way to protect your legal interests.
When charged to speak, you can contact a Criminal Defense Attorney Kansas City MO, before providing any statement. You can read more to know in detailed information about your right to remain silent.
In this article, let us look into your Miranda rights or right to remain silent in greater detail.
When can you invoke the right to remain silent?
The Fifth Amendment gives you the right to remain silent during police interrogation. Your agent must inform you of this right at the time of the arrest. You’ll want to make your intentions unambiguous. This statement does not presume that you are exercising your legal rights.
The police must inform the suspect of his Miranda rights to remain silent and to have an attorney. As long as the suspect understands these rights, the police can continue or attempt to question the suspect at a later date.
However, statements made after a period of silence may be admitted as evidence unless the suspect has indicated that he wishes to remain silent.
Invoking the right to remain silent
The most effective technique to request your right to silence is to inform the interviewer, “I’m requesting my Miranda for the right to stay silent,” since silence and body language are both employed. But there are alternative approaches to making good decisions. For instance, you might say:
- You are making use of your right to silence.
- You only want to speak with a lawyer.
- You want to be silent.
- You ought to speak with a lawyer first.
The Supreme Court has ruled that, even if specific phrasing is not necessary for the complaint, “it is sufficient for a reasonable police officer to interpret the statement as a request for a counsel.”
Statements suggesting purpose or potential future intent invoke the right to silence and should be taken with caution.
For instance, the Supreme Court has determined that it is not an invitation because the phrase “Maybe you should talk to a lawyer” is vague.
The phrase “I am willing to utilise my right to stay silent” might be read as an appeal or as indicating that the right will be used in the future rather than now.
You should not wait to read your Miranda rights before objecting. You can assert your rights as soon as you are arrested and before you are read about your rights.
There is no problem in exercising your rights, especially if you have reason to believe your complaint has not been heard or understood.
Requesting a lawyer to invoke your miranda rights
You can use the same phrase to exercise this right as you would request your right to silence: “I am requesting for my right to stay quiet and my right to a Criminal Defense Attorney Kansas City MO, and I will not answer any more inquiries without a lawyer.”
Once you know this, you should be offered the choice to speak with a lawyer. Make sure the government representative understands this, but you cannot escape speaking with a criminal defense lawyer once it is brought up.
Many people may feel intimidated while claiming these rights because they feel guilty. In actuality, the reverse is true.
If you expressly state that you have these rights, they become your defense and cannot be used against you in court.
Police failing to mention your right to remain silent
Statements made by inmates in response to a custodial interrogation cannot generally be used as evidence in court without the Miranda warning.
This law, sometimes called the exception rule, stops police from interviewing suspects without first advising them of their rights. This does not, however, imply that unredacted comments in criminal proceedings are forbidden.
The remarks might be submitted for other reasons, such as weakening the suspect’s credibility, even if prosecutors cannot use them to establish a crime. Talk to your Criminal Defense Attorney Kansas City MO, for a better understanding of your rights.
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