Most people have seen enough crime shows to know that they have the right to remain silent when they are arrested. However, they do not always take advantage of this right. At Law Offices of Torrence L. Howell we want every person in the state of California to understand their rights and to take advantage of them if they are arrested. Read on to learn more about your right to remain silent and why you should always take advantage of it. Then contact us at 909-920-0908 if you need a consultation with a criminal defense attorney.
Remember the Full Extent of Your Miranda Rights
Your Miranda Rights do not begin and end with your right to remain silent. They also include the right to be told why have been arrested, the right to stop answering questions after you have started, and the right to an attorney, whether a private attorney or one who is appointed to you. These rights should be read to you when you are arrested but they apply whether the police follow the procedure or not.
When to Take Advantage of Your Right to Silence
At Law Offices of Torrence L. Howell we do not recommend being completely silent when the police are questioning you. They will begin with basic information about you such as your name, address, or date of birth. You can – and should – answer these questions as they are not going to harm your case and can show the police that you are willing to cooperate. However, if the questioning goes beyond this then we recommend you take advantage of your right to remain silent.
How to Invoke Your Right to Remain Silent
Many people assume that simply remaining silent is invoking their right to do so. This is not the case. You must actually inform the police that you are invoking your right to remain silent if you want them to stop questioning you. Once you have told them that you are invoking your right to remain silent and want to talk to an attorney, they are required to stop questioning you. If you do not invoke your rights then the fact that you did not speak could potentially be used as evidence against you.
You Should Always Have an Attorney Present When Being Questioned by the Police
It does not matter if you are innocent, it does not matter if you have a rock solid alibi. If the police are questioning you then you should have an attorney present. It is that simple. At Law Offices of Torrence L. Howell we have seen it time and time again: A client knows they did not commit the crime and answers questions, only to accidentally implicate themselves. At a minimum this can be a hassle to get straightened out. In a worst-case scenario, it can lead to a false conviction.
If you are ready to talk to an attorney then we recommend contacting Law Offices of Torrence L. Howell at 909-920-0908 now for a free consultation.
