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You Have the Right to Remain Silent

07 Jun

Right to SilenceIt cannot be emphasized enough that in the United States, a person gives up Fourth and Fifth Amendment rights the moment they begin cooperating with police in any way prior to arrest. These rights technically cannot be reclaimed after an arrest has been made and Miranda rights have been read. this is true because police do not have to advise a person of his/her rights until after he/she incriminates themselves and/or are arrested. In other words, if the person cooperates prior to being arrested, then they have surrendered most of the rights of which the police are advising that arrestee when they are reading them their Miranda rights.

Here is an excerpt from Wikipedia about protecting your right’s that helps to illustrate this point:

 “In the U.S., the only way for one to protect one’s rights fully is to refuse answering any questions beyond giving one’s name and identifying papers if requested and to refuse giving consent to anything (such as a search) prior to one’s arrest. Law enforcement officials in the United States rely heavily upon the subtle intimidation of their position and power and the ignorance of citizens to their rights in order to make people incriminate themselves. Police do not have to tell civilians the truth on any subject. They can make any promises and claims they like in order to induce a person to incriminate herself or himself or to allow the police to perform a search, and police are not bound by anything they promise to suspects or witnesses (i.e. promises of aid or protection).United States citizens must know their rights in order to avoid losing them by inadvertently giving them away.” – Taken from: Wikipedia “Right to Silence”

In other words the rights guaranteed by the Fourth and Fifth Amendment are not automatically invoked by the accused. In fact the opposite is true. If a person does not actively invoke their rights then their rights are automatically surrendered. This is why it is imperative that anyone who is arrested or accused of a crime should exercise their right to remain silent! Thankfully, not answering any questions asked by the police is not considered incriminating in and of itself in the U.S. legal system. Therefore, a person who finds themselves arrested and/or accused of a crime in the U.S. should answer any police questions with a polite request for an attorney. When interrogated simply and politely say “I would like to speak with a lawyer” and contact a criminal defense attorney as soon as it is possible.

This advice may sound counter-intuitive. Especially since we are taught all of our lives that the police exist to protect and serve us. Against these long established beliefs of police benevolence it is important to remember what are trained to do with people they arrest or accuse of a crime. Police officers are trained to investigate and gather evidence to build a case against the people they arrest or accuse of a crime. If you are arrested the police are not trained to be your priest, pastor, personal coach, or counselor. In short, if you are under arrest the police are not your friend.

Further compounding this issue is the fact that police officers are not infallible. They are flesh and blood human beings who make mistakes just like the rest of us. As such it is all too common for the police to bend the rules and take certain statements out of context in order to gain the upper hand and get a conviction. The police know that most people willingly provide them with the evidence needed for a conviction through confessions and statements taken during the interrogation process. It is for this reasons that while it is always a good idea to have a respectful attitude when dealing with the police, it is equally important to answer any questions they have in a controlled setting with access to competent legal advice.

After all, the State of Texas and United States Attorney’s Office take advantage of their huge budget by being able to have access to a large staff of lawyers, police officers, and crime lab experts to help prosecute their cases. This means that it is highly unlikely that a person who is accused of a crime will be able to challenge the government’s case without competent legal representation. Without an attorney the jury will more often than not accept whatever evidence the prosecutor produces.

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1 Comment

Posted by on June 7, 2011 in Legal Rights

 

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One response to “You Have the Right to Remain Silent

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