Your Right to Remain Silent When Arrested

Written by:Julian Stroleny PortraitJulian Stroleny

Chances are even if you have never been arrested you have heard of Miranda rights. These rights are what are read to anyone who is being arrested and include the right to remain silent. However, you may not realize what this right to remain silent truly means for you if you are ever being arrested for a crime.

When Do Police Officers Have to Read you Your Rights?

A police officer is required to read someone their rights whenever they are interrogating someone who is in their custody. Interrogation includes not only direct questioning of the person being held, but also any actions or words that a police officer takes that they know can elicit a response that is incriminating.

The idea of the right to remain silent is that choosing not to say anything cannot be seen as evidence of guilt of a crime. While this practice of being read your rights sounds simple enough, any Miami criminal defense attorney will tell you that there are different ways that this requirement can come into play during a defense case.

For example, if a person is not technically in custody a police officer does not have to read them their rights. This means that a police officer may tell a person that they are not under arrest and they are free to go. This allows the officer to question the person without reading them their rights or letting the person know that they do not have to answer any questions that the officer may have.

Reasons to Remain Silent

If you are being arrested for a crime that you did not commit, the best thing for you to do is to remain silent and politely ask the officer for a Miami defense attorney. When the police are interrogating you they are looking for any reason or evidence they can find in order to tie you to the crime that they think you committed.

The right to remain silent or the 5th amendment is designed for your protection. The main reason that this right is in place is to keep people from accidentally incriminating themselves. Since many people are not aware of their rights or the laws that come into play in many criminal cases, not speaking at all to police is often the best choice. This will allow you the time to discuss what happened with a criminal defense attorney in Miami who will be able to tell you the best way to proceed.

No matter how big or small the crime is that you are being accused of, it is always best to have a Miami criminal defense attorney on your side. The criminal lawyers in Miami understand the laws of the state and will be able to provide you with the best course of action to take in your particular situation.

Stroleny Law: Criminal Defense Attorney handles a variety of criminal law cases, so call now if you have any questions.

View more contact information here: Miami Criminal Defense Attorney.

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