It’s easy to feel pressured to answer when the police start asking questions about a criminal investigation. You might worry that staying silent makes you look guilty, but it doesn’t. The law is quite clear on this. You have the right to remain silent, and exercising your right cannot imply guilt in court.
The right to remain silent is included in the Fifth Amendment of the U.S. Constitution. It kicks at the moment you’re under custodial interrogation — when you’re not free to leave, and the police are questioning you after reading you your Miranda rights.
Your right must be invoked clearly
You shouldn’t just stay quiet under custodial interrogation. You must clearly state that you are invoking your right to remain silent. A simple, “I am invoking my right to remain silent” or “I do not wish to answer questions” is enough.
Don’t feel pressured to explain yourself or answer follow-up questions. However, if you just sit there without speaking, officers may continue pressing you for answers.
Talking can hurt you more than help
Even if you’re innocent, explaining yourself can backfire. Your words can be misinterpreted, twisted or taken out of context. Remember, anything you say can and will be used against you in court, even if it seems harmless. The safest approach is to say nothing.
If the questioning continues, you also have the right to request legal representation. Anything said after that cannot be used to imply or prove your guilt should the police ignore your rights and continue interrogating you.
Don’t take your chances
Understanding your rights is crucial when under police custody, but navigating interrogations can still be tricky. Law enforcement officers are trained to apply psychological tactics to get suspects to talk and the pressure of the situation can make it difficult to stay composed.
It underscores the need for legal guidance as soon as the police start reaching out to you or even if you think you’re a person of interest in an investigation. Knowing when to speak and what to say can help protect your rights and avoid making statements that could come back to haunt you.