If you’re a resident of the United States, you probably know that you have the right to refuse to answer questions from the authorities in order to avoid self-incrimination.
Did you know, however, that you cannot invoke your “right to remain silent” by simply remaining silent? The U.S. Supreme Court has ruled that silence and body language alone are not clear enough. If you want to stay silent to protect your interests, you have to speak up.
Don’t equivocate – be direct
When you’re faced with arrest and the authorities are trying to get you to talk, it’s not the time to be ambiguous. You need to clearly state that you are invoking your Fifth Amendment rights. You can do that by saying something like:
- “I’m invoking my right to remain silent.”
- “I refuse to answer any questions without an attorney.”
- “I decline to speak with you without the guidance of an attorney.”
- “I am invoking my Fifth Amendment right against self-incrimination.”
- “I decline to speak to anybody but my attorney.”
Why does clearly asserting your right to remain silent matter so much? Until you directly invoke your rights, the police don’t have to stop trying to get you to speak. In the case that prompted the Supreme Court’s decision, the defendant was simply worn down after almost three hours of constant talk from the police. At that point, he simply uttered a single word that turned out to be highly incriminating. You don’t want to be subjected to the same pressure.
If you’re under arrest, the instinct to try to talk your way out of the situation can be enormous – but nothing you say will help your case. Stay calm, assert your rights and let your defense do the talking for you later.