Understanding Your Right to Remain Silent After an Arrest

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Understanding Your Right to Remain Silent After an Arrest

Most individuals are familiar with the saying, “You have the right to remain silent.” This phrase is part of an individual’s Miranda Rights, which explain that an arrested person is entitled to an attorney and can refuse to answer any questions. During an arrest, law enforcement will read the individual their Miranda Rights, but they may still have questions about their right to remain silent and how this will affect them in court. It is important to enlist the help of an attorney that understands the law and can help you understand and fight for your rights. The criminal defense attorneys at  Lucido & Manzella, P.C., have years of experience helping clients build a strong defense and achieving favorable outcomes.

What Is Included in the Miranda Rights?

While the exact wording of the Miranda Rights may vary from state to state, here are the main parts included in the statement:

  • The individual being arrested has the right to remain silent.
  • Anything they say can and will be held against them in a court of law. 
  • They have the right to have an attorney present in court. 
  • If the individual can’t afford an attorney, one will be provided for them. 

Why Do I Have the Right to Remain Silent?

The right to remain silent helps a person undergoing police questioning protect themselves from self-incrimination. Since anything said during an arrest can be brought up in court, it gives the arrested individual an opportunity to seek counsel before answering questions or stating any false information. 

What Does It Mean to Remain Silent After an Arrest? 

If an individual chooses to remain silent, they do not have to answer any questions that law enforcement has for them. A person can invoke their right to remain silent at any time to protect their rights and wait for legal representation to speak on their behalf. The United States Constitution’s fifth amendment explains that an arrested individual has the right to a jury and can protect themselves from answering incriminating questions. An individual’s refusal to speak can’t be held against them in court. 

Many individuals choose to invoke their Miranda rights. An arrested person must make a statement that indicates this is their choice. For example, they could state, “I wish to invoke my Miranda rights” or “I’d like to only speak with an attorney.” If no statement is made, law enforcement can assume that an individual is not invoking their right to remain silent. 

There can be many benefits to refraining from speaking with the police. Law enforcement may be looking for a statement that can be used against you in court. It is essential to speak with an attorney first before providing information to law enforcement. An attorney at Lucido & Manzella, P.C. can help you navigate the criminal defense process. We will help you understand all of your legal options and help you mount an effective defense.

Contact Our Team Today

Contact our team today if you have questions about the right to remain silent after an arrest. Our team of experienced attorneys is ready to help you get the answers you need and develop a strong legal strategy.

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