The Right to Remain Silent: Why You Should Exercise It
We often hear about the “Right to Remain Silent.” But, do you know why it’s so important for a defendant in a criminal case to exercise this right? There are multiple reasons. Let’s look at a few reasons this right is so important and why it’s so difficult to do.
Miranda Rights
The right to remain silent is called the “Miranda Rights,” and is derived from the Fifth Amendment, which states:
“No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.”
Obviously, the Fifth Amendment is a bit broad. But, included in it is the driving force behind the Miranda Rights. These are the basic tenants of these rights:
- Everything a defendant says can be used against them in court.
- Every defendant has the right to a lawyer.
- If a defendant can’t afford a lawyer, the court will appoint one at no cost.
- If a defendant chooses to answer police questions, they can stop at any time.
- Every defendant has the right to a lawyer to be present during questioning.
The Importance of Exercising Your Right to Remain Silent
People often believe the police are looking for the truth in any given situation. This isn’t always the case. In most situations, the police are looking for evidence that can be used to convict someone of a crime. Their job is to find the bad guy - not necessarily find the truth. This doesn’t mean that police are bad people - it just means they are trying to do their job. Occasionally, good people are misunderstood. This is why it’s important to exercise your right to remain silent until you have spoken with a lawyer. It can often be extremely difficult to remain silent, as the police are trained to get people talking. It is vital that you say nothing about a situation until you have spoken to a lawyer. If you have been arrested, get out of jail quickly using a bail bondsman, and then find a lawyer to help you fight in your case.
