Why You Should Invoke Your Fifth Amendment Rights

kristina-flour-185592-copy-300x192Even though a police officer is required to read you your Miranda Rights, that does not mean that you have to speak to the officer arresting you. It is the officer’s job to read you your rights. You then have the right to remain silent. It is the very first right that is read to you when the officers Mirandize you. Today, we will take a look at why you should invoke your fifth amendment rights and remain silent when being arrested for a crime in Chicago.

How can I Invoke My Rights?

Ironically, the best way to invoke your right to remain silent is to speak up and say as much to the police officer arresting you. Some examples of what you could say to the officer include the following:

  • I wish to remain silent.
  • I will not answer any questions.
  • I wish to only speak with my attorney present.
  • I wish to speak with my attorney before saying anything.

The Supreme Court has ruled in the past that the invocation of the right to remain silent is acceptable when a reasonable police officer understands the statement made by the subject in the circumstances. You must be careful when it comes to invoking your right to remain silent. For example, you should avoid being ambiguous at all costs. You should clearly state that you want to remain silent, not that you might consider remaining silent or will remain silent in the future.

Invoking Your Right to Remain Silent

The right to remain silent is an important right that everyone in the United States has when being placed under arrest by the police. The situation does not matter when you wish to remain silent when speaking with the police. You technically do not have to be in custody or placed under arrest to refuse to speak with police or answer questions. Many subjects contacted by police tend to stay silent when questioned and not in custody. One thing to remember here is that anything you say to an officer when not in custody and not read your rights can be used in a court of law against you.

Reasons to Invoke Your Right to Remain Silent

One of the biggest reasons people should invoke their right to remain silent when arrested by a Chicago police officer is to avoid incriminating themselves. The law protects everyone from incriminating themselves when speaking with or interacting with police officers. That is the biggest reason for subjects being read their Miranda Rights; so they know they do not have to provide officers with any incriminating evidence.

Another reason subjects being taken into custody by police should invoke their fifth amendment rights is so that they do not incriminate anyone else. No one wants to wind up incriminating a family member, friend, or acquaintance by casually speaking to police after being arrested. Sadly, this has happened in the past because the subject in custody has kept speaking to police about the incident instead of remaining silent, not knowing the harm they were doing at the time.

Contact an Attorney Today

If you have been arrested for a crime in Chicago, you need to contact an attorney as soon as possible. Invoke your Fifth Amendment right to remain silent and do not say a word to the arresting officer or other investigators until you can speak with an attorney. An experienced criminal defense attorney can answer all of your questions and advise whether or not you should speak with police about the incident that led to your arrest. Contact David Freidberg today at 312-560-7100 to schedule a consultation about your case.

(image courtesy of Kristina Flour)