When you are arrested, the best thing that you can do for yourself is to keep quiet until you are represented by an attorney. It is important to remember that if you are arrested, you have the right to remain silent and the right to an attorney but these rights only protect you if you choose to use them.
When you choose to remain silent it means that you do not have to answer any questions that the police ask you and when you refuse to answer you can then invoke your right to remain silent and lawfully protect yourself from self-incrimination.
Your right to remain silent can protect you from self-incrimination which means that it gives you the right to withhold information that can be held against you. This right is extremely important to use when you have been arrested.
The good news is that your right to remain silent is a constitutionally protected right. It is part of the 5th Amendment which gives you the right to remain silent and not incriminate yourself during all stages of a criminal investigation.
If after you have been read your rights and you choose to answer any questions anyway, your answers can be held against you. It is possible that you may make a statement under the stress of the situation that is ambiguous, confusing, unclear or inaccurate and if you say something later that contradicts those statements, prosecutors will use them against you!
You only need to inform the police once that you wish to exercise your right to remain silent and once you have, they will stop questioning you and they will not be able to use any statements you make after you have invoked your right to remain silent.
Remember, if you properly assert your right to remain silent, your silence cannot be used against you in court and if your case does go to trial, the jurors will be given specific instructions not to consider your silence as an admission of guilt.
Silence is the safest plan as there is little you can say that will lead to your release and an even greater risk of damaging your defense with misstatements or inadvertent comments. It is always best to invoke your right to remain silent and to ask for an attorney. You have the constitutional right to talk to an attorney before answering any questions. It is always best to let your attorney do the talking! They are there to fight for you and to protect your constitutional rights.
We at Mercy Bail Bonds understand that this is a trying time in your life and we’re here to assist you the best way we know how – providing excellent service and information when you need it. If you need assistance, please feel free to contact our office at (727)856-7775. We will take the time to walk you through every step of this process and answer any questions you might have.