Understanding the impact of remaining silent vs denying everything can affect your legal situation. When a police officer begins an arrest, one thing they will do is read you the so-called Miranda Warning, which includes your right to remain silent.
“You have the right to remain silent. Anything you say can and will be used against you in a court of law. You have the right to an attorney. If you cannot afford an attorney, one will be provided for you. Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?”
At this point, you have two choices: speak to the police and attempt to answer their questions, or invoke your Constitutional right to silence. Which do you choose?
Once you are in the presence of police, anything you say—even if not under arrest—can be taken into account. This includes denying knowledge or involvement in anything they ask or discuss with you.
As criminal defense lawyers, we strongly recommend that you let the police know that you want to speak to an attorney and that you are immediately invoking your right to remain silent until you are able to speak to your attorney. Once you inform them of these points and invoke your rights, say nothing until your attorney arrives.
The Fifth and Sixth Amendments: Remaining Silent vs Denying Everything
The Miranda Warning involves both of these amendments, both of which are guaranteed in the Constitution.
The Fifth Amendment is the right against self-incrimination, among other things. Whether you are in the presence of police and not free to go, you are essentially in police custody. At this point, you can invoke your right to be silent under the Fifth Amendment.
Ironically, you must verbally notify the police that you are invoking your right to remain silent. Once you do, speak only to your defense attorney. He or she will offer guidance on how to proceed.
The Sixth Amendment is the right to an attorney. State to law enforcement that you wish to speak to an attorney, and that you will not answer any more questions until you do. They are not allowed to continue interrogations until you have legal counsel.
What Happens Next
When you notify police that you are invoking your Fifth Amendment rights against self-incrimination and your wish to speak to an attorney, they are required to stop all questioning. By not speaking and remaining silent, the police will not have any self-incriminating statements for their case.
You always have the right to an attorney. The police will also be required to provide you with a lawyer (unless you contact one yourself, which is also allowed.) Your attorney will discuss the charges and the case the police believe they have against you and what will happen next.
Why Not Just Deny Everything?
Because that means you are speaking to the police, and anything you say—literally, everything—will be used to put you in jail, even if you are innocent. Experienced law enforcement officers are trained to induce people in custody to speak and self-incriminate.
If you’re speaking to the police, even to deny something, you are at risk of incriminating yourself, even if you are innocent. Having your criminal defense attorney with you during questioning and interrogations can help protect you from making incriminating statements that can damage your case.
The ACLU has more information on its website on your rights during police encounters.
WEST PALM BEACH CRIMINAL DEFENSE ATTORNEYS
After an arrest, it’s your responsibility to protect and defend yourself. The police are unconcerned with justice, only making arrests, and solving cases. We believe that you should consult with a criminal defense attorney anytime you are asked to speak to the police. The choice between remaining silent vs denying everything can have different consequences; wait until you speak with us.
If you or a loved one has been arrested or accused of a crime, contact the criminal defense team of Farkas & Crowley as soon as possible. We are available 24/7, whenever you need us. Call (561)-444-9529 or contact us online to schedule your consultation.
