Why You Need to Use Your Right to Remain Silent

Your right to remain silent is important to us and we want to do what it takes to protect it. This, however, must begin with helping you understand your right and when to invoke it.

For the most part, you are likely familiar with the basic right to remain silent when you are being questioned because you have probably seen the arrest process take place on television. This right stemmed from the Fifth Amendment which is actually not to be “compelled in any criminal case to be a witness against” you. This means that you cannot be made to reveal any information about yourself that may be used against you in a criminal case.

Your Miranda rights include:

  1. You have the right to remain silent
  2. You have the right to consult an attorney
  3. If you cannot afford an attorney, one will be appointed on your behalf
  4. You have the right to not answer questions until you have your attorney present

This right is invoked when two factors take place. That is that you must be taken into custody and be subject to a police interrogation. Be careful, because you may not have the right to remain silent during the booking process.

It is important to understand that silence can still be used against you in a court of law according to the U.S. Supreme Court case Salinas v. Texas. You must specifically state that you are invoking your right to keep silent while being questioned.

Why You Should Work with Buckmaster & Ellzey

With more than 20 years of combined legal experience and a background as former prosecutors, our team of Daytona Beach criminal defense attorneys has the information that you need and can trust. We know what it takes to protect your freedom and are ready to battle on your behalf. Call us at your earliest convenience.

Categories: Criminal Defense, Custody