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The Right To Remain Silent…How Do You
Exercise This RIGHT? |
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Getting stopped by the
police is a stressful event. Even getting
stopped for a simple speeding ticket gets most
of our hearts racing. Now imagine getting
stopped for a DUI or marijuana possession or
something even more serious.
Law enforcement is required to advise you of
your “Miranda” rights after you are taken into
custody, i.e., when you are arrested. The
question then becomes, how do you exercise your
Miranda rights after being advised of them by a
police officer?
Due to recent rulings from the U.S. Supreme
Court, the safe answer is that you have to take
the affirmative step of telling the officer that
you wish to remain silent or that you want a
lawyer before saying anything else. Simply
saying to the officer “do I need a lawyer” or
“should I get a lawyer” is not sufficient. You
have to affirmatively say that you do not want
to answer questions or that you want a lawyer in
order to exercise your rights.
Ironically, simply keeping quiet and not
responding to the officer may no longer be
deemed a sufficient method by which to exercise
your right to remain silent. By keeping quiet
and not affirmatively asserting your Miranda
rights, you may not have exercised your right to
remain silent and the officer can continue to
talk to you, ask questions or make statements in
an effort to get you to reply in an inculpatory
fashion (i.e., say something that would amount
to a confession or otherwise make you look
guilty).
Even if you agree to waive your Miranda rights
and talk to the police, you still have the right
to stop the questioning at anytime. Again, this
must be done affirmatively as stated above and
not by simply “clamming up.”
Always remember two things: (1)
if you’re arrested, you aren’t going to talk
your way out of it; and (2)
asserting your rights does not imply guilt, it
implies wise judgment.
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