Miranda Rights – How to Invoke Your Right to Silence

Let’s talk about your Miranda rights, interrogation, and pre-arrest silence. The police don’t have to read you your Miranda rights until after they arrest you. If they don’t read you those rights, and you’re under arrest, and they interrogate you, then what you say is not admissible. The thing of it is, the police interrogate you before they put you under arrest. So all those answers that you give in answer to their interrogation, all of that will be admissible. So the question is: how do you invoke your right to silence?

It used to be that all you had to do was just be quiet and not say anything.

That’s not good enough anymore. Nowadays, if you’re going to invoke your right to silence, you have to do it very specifically. You have to say “I am invoking my right to silence and my right to counsel under the Fifth Amendment to the United States Constitution.”

Now, the police officer may say to you “you don’t have that right. I haven’t arrested you.” He’s wrong. You do have the right to remain silent before you are arrested. And by remaining silent before he arrests you, you will prevent the prosecutor from saying “that defendant didn’t say anything because he or she knew they were guilty.”

When the officer tells you “you don’t have that right,” tell him you don’t take legal advice from police officers. You take it from attorneys.

For more information read: Your Silence Is Deafening Invoking Your 5th Amendment Right