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When can you remain silent when dealing with the police?

On Behalf of | Jul 24, 2023 | Criminal Defense |

You have probably heard someone get their Miranda rights while watching your favorite crime show. You may have even seen this for real.

Thanks to these situations most people are familiar with their basic rights. You may even be able to list them. That said, if the police arrest you, they will remind you of your Miranda rights. Unfortunately, that might not mean that you know how and when to invoke things, like your right to remain silent. Here is more on your Miranda rights, so you know when to use them.

Where do your Miranda rights come from?

Your Miranda rights come from the Consitution. Your right to stay silent comes from the fifth amendment.

What does your fifth amendment include?

Your fifth amendment says that:

  • The police cannot hold you without charges
  • The police cannot try you multiple times for the same crime
  • You have the right to remain silent

It also outlines things like the police cannot take your private property without compensation.

What do the Miranda rights mean?

The best way to understand your Miranda rights is to listen to an officer read them. The biggest one here is your fifth amendment, which is your right to stay silent. That means they cannot force you to incriminate yourself. This is a right extended to everyone, but that few invoke. For the police to use a statement you make against you during a trial, you have to knowingly waive your fifth amendment rights.

Remember, you have the right to remain silent. A criminal conviction will have a long-lasting negative impact on your life. If the police arrest you, now you know how to invoke your right to silence. Then, you will have better luck if they try you for the crime.