Helping Clients Protect Their Future and Their Liberty

Invoke your right to remain silent

On Behalf of | Dec 13, 2021 | Criminal Defense

People who are being questioned by police officers have specific rights that they can invoke during that process. These are supposed to be conveyed by the police officer. It’s up to the person who’s being questioned to let the officers know that they’re invoking those rights.

One of the rights that you should almost always invoke is the right to remain silent. This right means that the officers have to stop questioning you.

How should you invoke your right to remain silent?

You must make it clear that you’re invoking that right to remain silent. You shouldn’t just be quiet and assume that they’ll understand that you’re invoking that right. You can do this by stating something along the lines of “I’m invoking my right to remain silent based on my Miranda rights.”

When you do that, the questioning has to stop. This doesn’t apply to only the officers who are present when you invoke the right. It covers all law enforcement officers. They can’t simply call in someone new to start asking you questions.

Invoking your right to remain silent gives you a chance to seek legal counsel. The last thing that you need to do is to say something that can be used against you in court.

Anyone who’s being interrogated or arrested should remember to invoke their right to remain silent. For those who have immigration concerns, this is one way that you might be able to protect yourself from having negative immigration impacts. Working closely with someone who’s familiar with the area where immigration and criminal laws cross may be beneficial at this point.