Why is it Important to Exercise the Right to Remain Silent?

Every American has a constitutional right against self-incrimination, also known as the right to remain silent, and to speak to an attorney whenever questioned by law enforcement. Here are several reasons you should always exercise your right to remain silent and demand to speak with an attorney:

  • Law enforcement will lie to you
    • Police are allowed to lie and are not always honest about who, or what, they are investigating. You may very well be suspected of a crime, but the police have no obligation to tell you when they are talking to you.
    • Police often will lie about having evidence or information they have to coerce people into a confession. Do not give them more than they already have, or else you significantly increase your risk of criminal charges.
    • Any time you are questioned by police you should always demand to speak to an attorney and exercise your right to remain silent.
  • Anything you say can be admitted as evidence
    • What you say to police can be admitted as evidence in any relevant court proceeding including criminal trials. Even seemingly innocent questions and answers can be crucial evidence against you in a criminal proceeding. Demanding a lawyer and exercising your right to remain silent, even when you have not been taken into custody, will help protect you and your rights.
  • Police do not want you to invoke your right to speak with a lawyer
    • Once an individual demands his right to an attorney police MUST stop all questioning until his/her lawyer is present.
    • Demanding a lawyer and remaining silent will prevent police from obtaining statements that can be used against you later in court and can frustrate police attempts to gather evidence against you.
  • Invoking your rights cannot be used against you at trial
    • Invoking your right to an attorney and/or remaining silent cannot be used against you in future court proceedings.
    • A prosecutor is not allowed to tell the jury about a defendant invoking his/her right to an attorney or remaining silent. Doing so would violate established law and be grounds for a mistrial.

Fox Law Firm, PLLC is a New York criminal and traffic law firm serving clients throughout Nassau and Suffolk counties. With more than three decades of experience, the attorneys of Fox Law Firm PLLC have helped defend and protect their client’s rights. For more information or to ask for a free consultation, call our Riverhead office at 631-779-3400 or visit our contact page.

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Jamie Winkelman
Jamie Winkelman
16:02 03 Jun 22
Dan went above and beyond to aide and support me while handling my case. I will forever be grateful to all of the hard work he put in. As a result I am now able to move forward with my life.
Vicki Bock
Vicki Bock
01:11 10 Dec 21
Fox Law Firm was recommended to me by my real estate lawyer. Kevin and Dan were always kind, professional and answered any questions I had. It was a painless process thanks to them. I highly recommend this law firm.
margaretlaunonen
margaretlaunonen
02:12 03 Dec 21
Used Fox Law Firm and would highly recommend. Daniel and Kevin are amazing and were extremely helpful during the time of my accident. I appreciate the wonderful and thorough communication this office provided. Very friendly and informative!
Asghar Jafri
Asghar Jafri
19:21 27 Sep 21
Dru Cuffee
Dru Cuffee
13:59 03 Sep 21
laura mcneil
laura mcneil
19:45 14 Jul 21
Donna Cahill
Donna Cahill
02:49 05 Jun 21
It is hard to find words to describe how grateful I am that we were lucky enough to find Kevin Fox to assist us in our time of need. Always the professional, always prompt with an answer to a question or an explanation before the question was even asked, Kevin was able to bring a sense of calm competence to a situation fraught with fear.Kevin provided a much needed reassurance at a critical time, allowing us to concentrate on adjusting to a new reality while trusting him to take care of the other important matters at hand. This he did, and was more successful than we could have imagined.I don’t know how we would have managed without him.Donna Cahill
Michael Bianco
Michael Bianco
10:27 26 May 21
Clif Vooris
Clif Vooris
20:42 20 May 21
What an amazing law firm, couldn’t be better
Deirdre Horney
Deirdre Horney
23:47 26 Mar 21
Excellent attorneys at this firm
Elizabeth Moran
Elizabeth Moran
22:36 26 Mar 21
jared somers
jared somers
21:50 26 Mar 21
James Russell
James Russell
20:10 26 Mar 21
Highly recommend Fox Law Firm for any of your personal injury needs. Kevin and Dan are both seasoned lawyers and delivered on my expectations!
Chris Roggemann
Chris Roggemann
20:03 26 Mar 21
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