People who are being interrogated by police and those who are in the midst of a criminal case should ensure they take the necessary steps to avoid self-incrimination. You have a constitutional right to this, so it’s imperative that you invoke it. You can even do this on the stand during a criminal trial.
When you’re detained by police officers, they’ll tell you your Miranda rights. This includes the right to remain silent and the right to have an attorney. The right to remain silent is especially important because it gives you the chance to avoid giving the police or prosecution information they can use in the case against you.
Invoking your right to remain silent
You have the right to say that you want to remain silent. This invocation can’t be construed as an admission of guilt. Instead, it simply means that you won’t speak to police officers, including the ones who are there with you and any others who may speak to you afterward.
Care when speaking is critical
If you speak to police officers or anyone else who’s part of the prosecution, you have to be careful of what you say and how you say it. One of the most important things to remember when you do speak to them is that you should keep your statements factual, but you should avoid saying anything that implies guilt.
It’s best to discuss your case with your attorney before you speak to police officers. If you aren’t read your Miranda rights or if you invoke your right to remain silent and that’s not respected, it can be part of your defense strategy.