At Foley Griffin, our Nassau County criminal defense lawyer understands that one of the best defenses available to those who have been arrested and charged with a crime is the Fifth Amendment right to remain silent.
Your Miranda rights include the following:
- You have the right to remain silent
- You have the right to consult an attorney
- If you cannot afford an attorney, one will be appointed to represent you
- You have the right to not answer questions until you have your attorney present
If you’ve watched a lot of crime shows and movies, you’ve probably heard these words before. Your Miranda rights are given as soon as you are taken into police custody.
This right can be invoked in two situations: if you are in custody or if you are subject to police interrogation. Once you invoke these rights, the police are not allowed to question you.
Unfortunately, many people take these rights for granted. They often think if they just “tell their side of the story” to a police officer, everything will be straightened out. However, anything you say can and will be used against you in court. Your answers can be taken out of context and then used as evidence to prove your guilt.
Keep in mind, just because you remain silent after arrest or detainment doesn’t mean you automatically invoke your Miranda rights. You must verbally state that you are exercising your right.
So if you are taken into police custody, politely inform the officer that you will be invoking your right to remain silent. As soon as you say that, officers prohibited from questioning you any further.
In addition to the right to remain silent, you also have the right to an attorney. Your lawyer will ensure your rights are protected and that you avoid incriminating yourself.
For more information, contact us and schedule a free consultation today.