Right to Remain Silent

Remain Silent

Why Your Right to Remain Silent is Crucial

You do have the right to remain silent and here is why you need to do so! I think it would be safe to say that we’ve all heard the term, “You have the right to remain silent, anything you say can and will be used against you in a court of law. You have the right to an attorney and if you cannot afford an attorney, one will be provided for you.”

But, if you’ve never been arrested or had a friend or loved one in jail, it could be a little confusing, especially when a trained detective comes in and starts talking to you like he’s your best friends.

Keep Your Mouth Shut

Avengers Bail Bonds wants to remind everyone that what you say to any law enforcement officer, or detective WILL be used against you in a court of law. After all, why would they be questioning you if they already had all the information they needed.  That’s right, they wouldn’t.

This is why your Miranda Rights are so important. The right to remain silent is based on the Fifth Amendment of the Constitution, which protects people from being compelled or forced to provide self-incriminating statements or testimony.

So, we recommend that you shut up and don’t say anything. Or demand that your attorney be present for any and all questioning.

What Happens After an Arrest?

Once a person is arrested, they will likely be taken to either a local city jail or a county jail facility. Now, being arrested simply means that you are accused of committing a particular crime.  The police officers’ job is to find out what happened by questioning the parties and witnesses involved. 

Once you have been placed under arrest the Interrogation most likely will begin immediately. But, before an officer or detective can question you, they must read you your Miranda Rights.  Once they have read your rights, the questioning by law enforcement officials will begin.

You have to think about this for a second, their job is to get as much “information as possible” regarding the case. So, they are trained to get you to talk to them which will most likely lead to a person making incriminating statements against themselves.

What Happens if They Don’t Read me my Miranda Rights?

If law enforcement fails to read the Miranda Rights to a person that is under arrest, anything that person says cannot be used as evidence in court. But you may want to keep in mind, that it only means these statements will be suppressed and kept from being introduced into evidence during your court hearing or trial.

One of the biggest misconceptions and we here it all the time is: “the officer’s never read me my rights, so the case against me should be automatically dismissed”. Well nothing could be further from the truth.

In fact, any physical evidence collected at an alleged crime scene is still considered admissible. Also be aware, anything you say outside of interrogation, even just a casual conversation is also admissible.

Why Do Most People Ignore These Rights?

Unfortunately, most people who get arrested make the mistake of ignoring these rights. Instead of being quiet, they provide the officers with as much information as possible in an effort to tell their side of the story and try to clear their name.

However, law enforcement’s job if they suspect you of a criminal offense, is to build a solid case against you. Officer’s will go so far as to pretend to be on your side or promise to reduce the charges against you, but that is never the case.

Once again, and I can’t say this enough, it is extremely important to say nothing or request to speak with your attorney as soon as you are arrested. However, remember words can be used against you even if you have not been arrested.

Even then, do not voluntarily answer questions from any law enforcement officer other than your name. Just simply invoke your constitutional right to remain silent and request the presence of counsel.

How do I Invoke my Rights?

To invoke your rights, just clearly, state words to the effect of “I invoke my right against self-incrimination and want counsel present during any questioning.” THEN SHUT YOUR MOUTH.

Law enforcement officers are supposed to immediately cease questioning you. However, there are times that law enforcement authorities will continue to ask questions. Now, understand this, it’s very important.  If you answer even just one of those questions, you have just waived your right to remain silent.

Invoking your right to remain silent can be very beneficial to your defense. Remember to remain silent, don’t answer any questions and if they continue to question you, ask for your attorney asap.

In Closing

If you get arrested, have a friend or loved one in jail call Avengers Bail Bonds and let one of our friendly, professional bail bonds agents get you out FAST!  Call (661) 206-3055 or toll free (888) NO-JAILS now!

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