Every American citizen has a fundamental right against self-incrimination thanks to the Fifth Amendment of the United States Constitution, which is often referred to as the right to remain silent. Many people are under the impression that exercising this right only makes things worse, though, and will gladly talk to the police, unaware of the potential consequences. However, even people who are completely innocent should consider exercising their right to remain silent, and here are five reasons why:
- You could accidentally get yourself in trouble
- Even if you have done nothing wrong, the police do not necessarily know that. And they will latch onto anything they can to pursue a case against you, regardless of whether they have any other proof of a supposed crime. Even if they ultimately do not decide to arrest you, that can still result in increased stress, lost time from work, or other potential consequences from police interrogation or investigation.
- Anything you say can be used against you
- In the Miranda warning every police officer is supposed to give when they arrest someone, they say “anything you say can and will be used against you,” and they mean it. The moment you get arrested by the police, your words may be recorded and used as evidence in any future legal proceedings. Even if you do not mean to, your words could make it harder for you to get a favorable outcome in any criminal case that is brought against you.
- Exercising your rights cannot be legally held against you
- Some people feel shame or guilt in exercising their right to remain silent, but legally speaking, there is nothing wrong with exercising your rights. The right to remain silent exists specifically to protect people from being pressured into confessing to crimes they did not commit, and you should feel comfortable exercising that right. In fact, prosecutors are legally barred from using the invocation of your Fifth Amendment rights as evidence of guilt in a criminal proceeding, so there is no reason not to.
- It will give you a chance to speak to a lawyer
- Police prefer suspects that are willing to speak to them without a lawyer present, because it makes it easier for them to squeeze confessions out of them. If you invoke your right to remain silent, though, you can speak to a lawyer and discuss your legal strategy. That gives you the best possible chance to get a favorable outcome for your case.
- It can give you something to bargain with
- When people think of lawsuits, and especially criminal cases, they tend to think of them as win-or-lose propositions. In fact, lawyers from both sides are constantly negotiating with one another for better deals, and criminal cases are no exception. Exercising your right to remain silent can give you and your attorney the best possible bargaining position, which can net you a more favorable plea deal or potentially even get your case dismissed.
Fox Law Firm, PLLC is a New York criminal defense practice serving clients throughout Nassau and Suffolk counties. With more than three decades of law practice experience, attorney Kevin Fox has helped clients with their personal injury and criminal defense needs. If you or someone you know has been charged with a crime, call us at 631-779-3400 or visit our contact page to discuss your legal options.
