I Have the Right to Remain Silent, But Should I?

 Posted on April 15, 2024 in Criminal Defense

If you have ever watched a movie where someone gets arrested, there is a good chance that you heard the arresting officers tell that person, “You have the right to remain silent,” as they handcuff them and put them in the back of their police car. TV shows and movies are the reason why most Americans can rattle off a good portion of the Miranda warning, even if they do not fully understand what it all means. Getting arrested, especially for the first time, can be an overwhelming experience and you might feel intimidated into offering information that you are not required to give. Understanding your rights is crucial in a criminal arrest. A qualified Naperville, IL criminal defense attorney can offer insight into what you might expect and how you should conduct yourself if you get arrested to avoid incriminating yourself.

The Main Takeaway? Always Have a Lawyer Present

In most cases, during an arrest, the Miranda warning is recited out loud for people at the time of their arrest. There are some variations, but the most common include the following:

• You have the right to remain silent.
• Anything you say can and will be used against you in a court of law.
• You have the right to an attorney.
• If you cannot afford an attorney, one will be provided for you.

These rights are in place for everyone. However, there have been many times that they were not read out loud for someone being arrested or for people who were not being arrested but were questioned about something. If you are not arrested for any crime and are not aware that you are a suspect in any case, you may not realize how important the right to remain silent and the right to an attorney can be in any interaction with the law.

The police might ask you questions that seem to be aimed at finding something out, but an experienced attorney could realize these are leading questions geared toward getting you to offer information that you are under no obligation to share. That is why it is always recommended to refrain from answering any question by the police or offering any statement unless there is a lawyer with you who can advise you.

Schedule a Free Consultation with an Illinois Criminal Defense Attorney

If you were arrested but not informed of your rights, you could be exploited during police questioning and intimidated into sharing information that you otherwise would not have. This can lead you to incriminate yourself unknowingly. A skilled Naperville, IL defense lawyer can review what happened during your interrogation and offer guidance on how to proceed. Call Law Office of Philip R. Nathe at 630-416-7600 to schedule a free consultation.