People need to know their rights to make use of them. There are several important rights that protect people during encounters with law enforcement. After an arrest, individuals may want to make use of their Miranda rights.
They have the right to remain silent and also the right to discuss the matter with an attorney. Making use of those rights can sometimes be more challenging than people expect. Contrary to what a person in state custody might expect, making use of the right to remain silent requires direct communication.
Invoking the right is a critical step
Many people assume that they can invoke their right to remain silent by refusing to answer questions. While police officers cannot compel them to answer, they can continue to subject them to interrogation techniques for hours. The only way to end an interrogation is through directly invoking the right to remain silent.
Counterintuitively, that process generally involves verbally communicating the intent to remain silent. People who inform police officers that they intend to use their right to remain silent can often put an immediate end to questioning.
They may also invoke their right to speak with an attorney at the same time, thereby allowing them to resolve the matter as quickly as possible. In cases where police officers violate an individual’s right to remain silent, any statements or confessions that they obtain may not be admissible during criminal proceedings in court.
Understanding and making use of key civil liberties can protect people after police officers arrest them. The right to remain silent is of the utmost importance for people who want to avoid unintentionally implicating themselves.