Understanding the Right to Remain Silent in Criminal Cases

 Posted on March 06, 2023 in Criminal Defense

Nearly everyone is familiar with the right to remain silent that applies to people who are questioned by police officers after being arrested. Countless TV shows and movies have depicted offers stating that "You have the right to remain silent, and anything you say can and will be used against you in a court of law." However, people may not fully understand how this right applies to them, and as a result, they may choose to waive their rights and make statements to police officers that could lead to serious consequences. By understanding the steps you can take to avoid incriminating yourself, you can make sure your rights will be protected during a criminal case.

The Importance of Attorney Representation When Interacting With Law Enforcement

The familiar "Miranda warning" will generally be read to a person when they are arrested, and it informs them that they do not have to speak to police officers when being interrogated. It also informs them that they have the right to have an attorney present during questioning. This warning is used to ensure that people understand their rights under the Fifth Amendment, which protects against self-incrimination.

However, there are some situations where people may face questioning by police officers without being informed of their Miranda rights. In some cases, police officers may ask people to give statements about certain incidents or bring them in for questioning about a crime that is being investigated. If a person has not actually been arrested, they may not be read their rights, and they may not be aware that the statements they make could potentially be used against them.

Interactions with law enforcement can be frightening and confusing, and people may not fully understand how the statements they make or the answers they give to questions could affect them. Police officers are not required to be truthful when questioning or interrogating someone. They may lie about whether they are investigating a person in connection with a crime or whether they plan to pursue criminal charges. They are also allowed to lie about the evidence they have against someone or the statements that have been given by others who were allegedly involved in a crime or witnesses to the events in question. They may even indicate that they will be lenient if a person cooperates, even though they actually plan to prosecute the person to the fullest extent of the law.

Because of the risks involved in speaking with police officers, it is recommended to have an attorney present in any of these interactions. Those who have been arrested and are being interrogated can invoke their right to an attorney and refuse to make any statements without having a lawyer present. Those who are giving statements or answering questions can have an attorney present who will advise them on what they should say and prevent them from making any incriminating statements. Everyone deserves legal representation in these matters, and the right attorney can make sure a person's rights will be protected during their entire case.

Contact Our DuPage County Criminal Defense Lawyer

At Law Office of Philip R. Nathe, we can provide you with the legal representation you need when speaking to police. Whether you have been arrested and charged with a criminal offense or are being questioned in relation to an alleged crime, we can make sure your rights will be protected. To learn more about how we can assist with these matters, contact our Naperville criminal defense attorney at 630-416-7600 and schedule a free consultation today.

Sources:

http://www.mirandawarning.org/whatareyourmirandarights.html

https://www.law.cornell.edu/wex/miranda_warning