If you have been arrested for any crime, you have the right to remain silent. While you may have heard this on television or in the movies, the truth is that this is one of your inalienable rights protected by the Constitution of the United States. If you make the decision to remain silent, this can never be used against you in a court of law. Take this right seriously, and evaluate your situation carefully before making any statements to the police regarding the reason they are arresting you. This right is so that people will not incriminate themselves unintentionally. Remember that it is true that anything you say can be used against you in a court of law.
It is completely understandable if you were arrested for a crime that you want to immediately clear your name, offer up defenses, or explain your side of the story. You are probably frightened, frustrated or even angry if you have been wrongfully arrested and are facing charges that are unjust. However, in this volatile and emotionally charged circumstance, the last thing you should do is feel compelled to tell your side of the story and defend yourself. Even if you are absolutely innocent of all charges, you should remain silent and only tell the police officers your vital information and offer your driver’s license or identification. After that, you should ask for an attorney. Remember you will have the right to eventually tell your side of the story. However, you will be able to do so in a controlled environment where you are not manipulated or pressured. Defending yourself in the right circumstances ensures that your legal rights are protected and that your side of the story is heard accurately, and will be accurately recorded. While you always have the right to tell the truth, remember that it is your Fifth Amendment right to remain silent until your attorney is present to represent you.
How to Actually Invoke Your Fifth Amendment Right
You may wonder how you should officially invoke your Fifth Amendment right to remain silent. In order to do so, you must only say “I’m taking the Fifth.” After that, you have the legal right to remain silent. You do not need to answer any additional questions other than those that are ones of identification, just to ensure that the police have arrested the correct person. Additionally, it is important to note that if your case ever goes to trial, a jury will never be told that you invoked your Fifth Amendment rights.
Contact an Experienced Criminal Defense Lawyer
If you were arrested and charged with a crime, contact the experienced criminal defense attorneys at Lankford & Moore Law today at (678) 753-4529. We can help you determine your legal rights and help you understand what to do if you did refuse your right to remain silent. We can help you build a strong defense and give you the answers you need.