You have the right to remain silent. Everyone has heard this phrase in the movies and on television. However, this is actually a serious constitutional right afforded to every person arrested in the United States. You have the legal right to remain silent once you have been arrested, and the right to remain silent can never be used as evidence against you regarding your guilt in a court of law. Never feel apprehensive or anxious about invoking your legal right to remain silent. If you were arrested for any reason, it is likely you feel frightened, anxious, angry, and overwhelmed. The last thing you want to do is say something that can later be taken out of context which either incriminates you or misrepresents your circumstances. Evaluate your decisions carefully if you have been arrested, and seriously consider remaining silent until you receive legal representation.
We Understand That You Want to Tell Your Side
If you were arrested, taken to the police station, and subsequently charged with any criminal offense, you likely feel unsure and nervous about the entire process. In extremely emotional circumstances, such as ones where a person is arrested, people feel obligated to tell their side of the story. As a result, they feel compelled to explain their circumstances and even attempt to exonerate themselves to the police. We understand that you want to tell your side of the story. It is important to understand that you will have the opportunity to do so at the right place and the right time. If you make the decision to visit with police officers regarding your guilt or innocence with respect to a criminal charge, the statements you make can be taken out of context and used against you. If you take the time to wait until you are legally represented by an attorney, or wait to tell your side of the story in a court of law, you have a better opportunity to ensure that your side of the story is appropriately recorded and not taken out of context and used against you at a later time. Remember, this is your constitutional right under the law. Strongly consider taking the Fifth Amendment rights you are afforded under the Constitution and remain silent until you receive counsel from your attorney.
How Do You Invoke Your Fifth Amendment Right?
There are no magical words to invoke your constitutional right to remain silent under the Fifth Amendment of the Constitution. You can simply tell law enforcement that you are taking the Fifth, or that you are choosing to remain silent under your Fifth Amendment rights. It is important to note that a police officer still has the legal right to request identification, ask you your name, address, and date of birth in order to ensure that they are arresting the correct person. However, other than that, you do not have to provide law enforcement with any other additional information. If your case goes to trial, your jury will never know if you invoked your Fifth Amendment right to remain silent.
Contact an Experienced Criminal Defense Attorney
If you were arrested and charged with a crime, contact an experienced criminal defense attorney at Moffitt Law, LLC as soon as possible in order to ensure that your legal rights remain protected. Contact us online or at (762) 208-5723 for a free consultation.