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Don’t talk yourself into trouble when under police custody

On Behalf of | Oct 28, 2024 | Criminal Defense

When the police arrest you and inform you of your Miranda rights before interrogation, anything you say can be used against you in court. In moments like these, the wisest thing to do is invoke your right to remain silent and have an attorney present during questioning.

You may feel tempted or pressured to explain your side of the story, answer a few questions or appear cooperative. However, speaking too freely can complicate your situation. Even small talk or remarks that seem harmless and casual could come back to haunt you. For instance, discussing your whereabouts or activities may lead to inconsistencies that the police could exploit, potentially harming your case.

Invoke your constitutional rights

When under custodial interrogation by law enforcement, you do not have to answer any questions that could incriminate you or any other questions for that matter. Invoking your right to remain silent is not an admission of guilt. You are legally entitled to withhold answers or information until you consult legal counsel. 

Be direct and express when asserting your constitutional rights; it sets a clear boundary for the conversation with the police. You can say, “I would like to speak to an attorney before answering any questions.”  Using vague phrases like, “ I don’t feel comfortable talking right now”, or non-verbal cues like shaking your head may not effectively communicate your wish to exercise your right to remain silent.

The importance of having legal assistance

How you navigate the interrogation process can significantly impact the outcome of your case. It can either strengthen or weaken your legal position. Seeking qualified guidance on what information to disclose to the police can help avoid making blunders that could work against you and protect your interests.