People subject to investigations and taken into state custody have certain rights. An individual’s Miranda rights take effect during police questioning after an arrest.
Those who are in state custody have the right to remain silent during any post-arrest questioning by law enforcement professionals. Officers cannot compel them to answer questions and should generally cease attempts to interrogate suspects or defendants who assert their right to remain silent.
Confusion about this critical right can lead to people making mistakes in police custody that undermine their options for fighting their charges later.
Staying silent isn’t enough
Many people believe that simply refusing to answer questions constitutes the invocation of their right to remain silent. However, police can continue interrogating an individual who simply refuses to speak.
While it may seem counterintuitive, prior court rulings on the right to remain silent are clear. Individuals must verbally assert that they intend to remain silent. Once a person in state custody informs police officers that they want to use their right to remain silent, officers should stop questioning them.
Without a verbal declaration from the individual, the questioning can continue. Transcripts from the interrogation and video footage of the individual’s behavior during questioning could play a role during criminal proceedings, even if they never answer questions. Defendants invoking the right to remain silent may also want to assert their right to legal representation at the same time.
Consulting with an attorney can help people make use of their rights, secure release from police custody and respond appropriately to pending criminal allegations. Defendants who understand their right to remain silent can avoid mistakes that could affect their options if their criminal case goes to trial later.
