One of the more critical components of the American legal system is an accused person’s right to remain silent upon arrest. This right, guaranteed through the Fifth Amendment to the United States Constitution, is binding through all 50 states and is often a wise strategy endorsed by legal defense counsel.
Miranda Rights
The fundamental right to “remain silent” is one part of the Miranda rights, which police must inform arrestees of upon arrest. The other components of this include not only the right to remain silent but also that:
- Anything you say can and will be used against you in a court of law
- You have the right to an attorney and
- If you cannot afford an attorney, one will be appointed for you
Importance of Remaining Silent
Remaining silent, which involves not answering any questions posed to you by law enforcement without the presence of your legal counsel, can prevent potentially harmful outcomes. Remember that remaining silent is not an admission of guilt but rather preserving your legal protections, your right to privacy, due process and the presumption of innocence. It also protects the accused from coercion and any miscommunication that could occur.
Preservation of Legal Rights
Staying silent protects your legal rights. Since anything an individual says can be used against them, this act of remaining silent is not just passive but designed to prevent the individual from incriminating themselves. Waiting until a lawyer is present means they have legal advice ready should they want to invoke their legal rights and not incriminate themselves.
Protect Privacy
During a legal or criminal investigation, questions can become detailed, and answers may require the disclosure of private information. Having a lawyer present during questioning can help safeguard your right to privacy.
Assure Due Process
The concept of due process refers to the legal requirement that the government must follow fair procedures when taking actions that affect a person’s rights or legally protected interests. If an individual charged with a crime decides to break their silence and speak to law enforcement without the guidance of legal counsel, they may say something that can be used to push a plea agreement, cause an erroneous conviction, or otherwise violate their rights.
Preserve the Presumption of Innocence
The American justice system considers the accused innocent until proven guilty in court. By remaining silent, individuals avoid saying anything the prosecution may use to prove their guilt. Remember that the prosecution is tasked with proving that you are guilty of the crimes you are accused of. They bear the burden of proving guilt.
Prevents Coercion and Miscommunications
There is considerable stress when being arrested and then questioned by law enforcement. A defendant could feel pressured or coerced to answer questions. Perhaps answering questions could cause a miscommunication that causes them to say something inaccurate or phrase it in a way that can be misinterpreted. By staying silent until joined by legal counsel, these events are less likely to occur.
If you are facing criminal charges and have been recently arrested, please contact a qualified and experienced attorney to help you have the best possible outcome. Contact our team at The Law Office of Patrick Conway.