After an arrest, the police may want to question you. This could be a formal or an informal interrogation. They are trying to conduct their investigation and gather evidence for the case, even if you have not yet formally been charged.
At this time, you have two crucial rights, which you should be told when you’re read your Miranda rights. It is very important to keep these in mind and understand how they affect your options moving forward.
The right to remain silent
First, the police can use anything that you say against you, so you are not obligated to answer their questions. You do have a right to remain silent. They cannot force you to answer or incriminate yourself.
Often, the best option is simply to politely inform the police that you want to use your right to remain silent under the Fifth Amendment. Doing so does not indicate that you are guilty, but simply that you do not want to answer questions at that time.
The right to an attorney
Next, you have a right to an attorney. You should be told that the state will appoint one for you if you cannot afford one. Everyone has the right to legal counsel when facing criminal charges.
This is also important when it comes to answering questions. Many people will eventually talk to the police, but they only want to do so when their lawyer is present to protect them. Police may try to conduct a quick interrogation right after the arrest, but you do have a right to remain silent and wait for your attorney to join you.
The police must respect your rights, even if they believe you are guilty of a crime. Be sure you know exactly what rights and criminal defense options you have.
