What to Do When Arrested, Your Right to Remain Silent:
The Bill of Rights to the United States Constitution guarantees each individual, certain
fundamental rights. One of the most important fundamental rights is Your Right Against Self
Incrimination or Your Right to Remain Silent. This is something you should carefully guard and nt take for granted. Your right to remain silent is perhaps the most important constitutional right you possess when confronted by any federal, state or local law enforcement. More cases are lost, because of statements made to law enforcement.
Being confronted by law enforcement, whether you are a suspect in crime or not is intimidating and unnerving. You may later regret what you say to the police, so immediately invoke your right and remain silent. My advice is to politely tell the police “I do not want to talk to you without an attorney present”. That’s it. Say nothing more and say nothing less. As a general rule, I always advise clients never to talk to any state or federal police agency.
The reasons are many.
(1) You have the right to remain absolutely silent when questioned by the police. It is
inadmissible evidence, to later reveal to a jury, that you invoked your right to remain silent. For
example, a police officer could not testify in court that you invoked your right to remain silent or
speak to an attorney first. Such evidence would be the basis for mistrial.
(2) You have the right to have an attorney present during questioning. Why would you want to
discuss anything with the police without experienced defense counsel present watching out for
your interests.
(3) Misleading or lying to the a state or federal law enfrocement is a crime and can result in
additional charges. If you make a statement which is later construed to false or misleading, this could lead additional criminal charges for obstruction. Invoking your right to remain silent is never a crime.
(4) Do you know what evidence the police or do not have against you? Did they show you their
files, police reports, physical evidence and or witness statements. Perhaps, the police may lack evidence on your case. Your statement can be the last piece in a puzzle that makes the case against your stronger and helps the State secure a conviction.
(5) Anything you say whether it minimizes your participation is crime; gives completely
different story; adamant denials; is later admitted against you in the jury trial of your case.
(6) You can not talk your way out of an arrest.
(7) You want to later discuss your case with authorities, once your attorney has the opportunity
to negotiate plea or charge bargain on your behalf. Keep your information to yourself.
(8) Don’t discuss your case with friends, family or fellow inmates. Don’t discuss your case over
the phone from the jail. Those conversations are not privileged conversations, meaning that
these people can be called to testify against you. On the other hand, attorney client conversations
are privileged. As such, you should only discuss your case with your attorney.
For an immediate consultation, call Attorney Ronald Tulin at 813-717-9400, 24-7 hours.
