Invoking Your Right to Remain Silent

Invoking Your Right to Remain Silent in New York

If you have watched any one of those cop films, you have probably heard them say the Miranda rights. “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” This speech may seem like an ordinary thing to say or just part of the protocol but it is more than that.

When you, or anybody, invokes their right to remain silent, they are protecting their constitutional rights. If you are curious about this specific right, there are some facts that you should know about it.

The rights came from the landmark, or famous, case of Miranda versus Arizona. In that case, the courts began to require law enforcement officers to advise, inform, and state in very specific terms, arrested suspects of certain rights. These rights are called the right or the privilege against self-incrimination. It has the following parts, such as:

  • what they say can be used against them in court;
  • they have the right to consult with a lawyer;
  • they can have a lawyer be present during questioning;
  • they can have a lawyer will represent them free of cost if they can’t afford but want one; and
  • if they decide to answer police questions, they can stop the interview at any time.

The Duty Of The Police

The duty of the police begins with any kind of deprivation of liberty. As long as an individual cannot perform acts of moving or stepping away from the questioning, the rights against self-incrimination should be properly protected. Whenever someone is taken into custody, their rights must be reminded, reiterated, and the person arrested must be informed prior to questioning or interrogation at all times.

There is interrogation whenever police officers are doing words and actions that are reasonably likely to elicit an incriminating response.

Your Right To Remain Silent

The right to remain silent is not always a right that you should make use of. In a 2013 decision, the United States Supreme Court held that prosecutors can, under appropriate circumstances, use silence against an individual accused. Prosecutors are allowed to point to an out-of-custody suspect’s silence in response to police questioning as evidence of guilt. This statement was specifically provided for in the case of Salinas versus Texas.

The prosecution can comment on the silence of a suspect who falls under any of the following circumstances:

  • The individual accused is out of police custody;
  • The individual has not been read his Miranda rights;
  • The individual voluntarily submits to police questioning; and
  • The individual stays silent without expressly invoking his Fifth Amendment rights.

The only workaround to this one is for the individual to specifically invoke their right to the effect of “I invoke my privilege against self-incrimination.”

The Best Way To Use Your Rights

The best way to use your right to remain silent is to invoke it with the help and assistance of a defense lawyer. There are so many different rules imposed by the courts and there are different circumstances affected by different jurisprudence. If you are faced with a predicament, the best way to use your right is to hire one of our lawyer to assist you.

All you should do to get the best defense is to call our telephone at: +(1) 347-763-93-96 or you may visit our office at 464 Ocean parkway, Brooklyn, NY 11218.

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