The right to remain silent is one of the most important protections for those in state custody. The right is so critical that police officers must provide it as part of the Miranda warning.
Before questioning someone who is in state custody, officers generally need to advise them of their right to remain silent, as well as the right to retain legal representation. Although the right may seem simple at first glance, court rulings interpreting the right to remain silent reached conclusions that may surprise a criminal defendant or a suspect detained during an investigation.
Many people who think they asserted their right to remain silent may not have actually done so.
How do people use the right to remain silent?
Simply refusing to answer questions is not the same as invoking the right to remain silent. People who do not respond to police officers may face ongoing questioning that lasts for hours in some cases. The state can use their behavior during that interview as evidence during a trial.
To actually use the right to remain silent, the person in state custody has to verbally inform the officers of their intentions. They can state that they do not intend to talk to officers. They can also request a legal consultation before questioning continues.
If an individual verbally invokes their right to remain silent and police officers ignore them, then they may have experienced a Miranda violation. That violation could impact the state’s case against them if the matter goes to trial.
Partnering with a criminal defense attorney can help people navigate their time and state custody and avoid a conviction. Violations of the right to remain silent can play an important part in a criminal defense strategy.
