Won’t Staying Silent With Police Make Me Look Guilty?

Won’t Staying Silent With Police Make Me Look Guilty? 

After an arrest, you may feel tempted to speak to the police so that you do not look guilty by refusing to talk. However, this would be a mistake. You have the right not to speak to the police when you are accused of a crime, and invoking these rights should not impact any future criminal case or implicate guilt. 

If you are being interrogated in a custodial setting, officers should inform you of your Miranda rights, and you should clearly state that you want to speak to an attorney, and you plan to exercise your right to remain silent. 

Then, right away, you should contact a Montgomery criminal defense attorney to discuss your criminal case. Hiring a criminal defense lawyer immediately can ensure that your constitutional rights are protected and that you do not say anything to the police that can accidentally jeopardize your case. 

Understanding The Right To Remain Silent 

The Fifth Amendment to the United States Constitution protects an accused’s right to remain silent. If you invoke your right to remain silent, then your silence will not be considered evidence that can be used against you at trial. Jurors will never learn that you refused to speak to law enforcement officers. 

Officers must inform you of your right to remain silent and your right to an attorney before subjecting you to custodial interrogation. Law enforcement officers must recite some version of the following Miranda warnings: 

• You have the right to remain silent
• Anything you say can and will be used against you in a court of law
• You have the right to an attorney

Speaking to the police without an attorney present is never a good idea. It does not matter what type of crime you are being charged with, you should never answer questions from the police until you have an attorney with you. Clearly state your intention to invoke your rights, then contact a trusted defense lawyer.

Miranda Violations and Criminal Cases 

If you are not read your Miranda rights after your arrest and prior to custodial interrogation, your answers and confessions may be kept out of evidence in your case. However, this does not happen automatically, and a criminal defense attorney will need to file a motion with the court to suppress your statements. 

Won’t It Make Me Seem Guilty If I Don’t Speak To The Police? 

No, you will not seem guilty. Police officers, state prosecutors, and judges understand substantive and procedural criminal law, including your constitutional rights. You will not be viewed with suspicion if you exercise your constitutional right to remain silent. You can invoke your right to an attorney and create some space between you and law enforcement officers, which can only help your case. 

Contact a Montgomery Criminal Defense Lawyer Today To Schedule A Free Consultation 

If you are dealing with criminal charges or an investigation, contact Luck Law, LLC today for help. Do not speak with the police, and do not think that remaining silent will make you look guilty. A criminal defense attorney can defend you and your constitutional rights from the very start of your case.