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.
