People arrested by police officers frequently panic. They don’t want to spend the night in jail or face criminal charges. Many people mistakenly convince themselves that if they provide their side of the story to police officers, then they can potentially avoid prosecution. Police officers count on people making that mistake. They may even play into someone’s misconceptions by lying to them about evidence or making promises that they have no way to fulfill, such as promising lenient sentencing if an individual confesses.
Those who are subject to arrest need to understand the importance of their right to remain silent and to use that right before they make mistakes that could have permanent consequences.
Every spoken word can become evidence
People under arrest have the right to remain silent as part of their basic right against self-incrimination. Even those who believe that the truth might exonerate them may fall victim to intimidation tactics and interrogation techniques that make them look unreliable or like a criminal.
For example, officers may keep someone secluded in a private room for hours. They may continue asking the same questions or have people repeat the same story over and over again. The goal is to get them to contradict themselves or somehow misrepresent the circumstances. In some cases, people who have to repeatedly provide the same information become frustrated and lash out at officers.
Every single statement made during questioning can serve as evidence for the state. Seemingly innocent language can end up warped and used against a defendant. The right to remain silent protects people from police manipulation and inappropriate wording that could leave them legally vulnerable.
Defendants who refuse to speak during police questioning can also invoke their right to an attorney. A lawyer can advise them on how to respond or can be present with them during questioning. The support of a lawyer can help defendants avoid scenarios in which they unintentionally implicate themselves or confess to crimes that they did not commit.
The right to remain silent is so important that police officers have to advise people of it before questioning them while they are in state custody. Violations of this right are so significant that they can lead to the court setting aside statements and confessions made by defendants, even if they may be the only real evidence that the state has.
Being aware of and asserting basic legal rights is crucial for those hoping to fight pending criminal charges. The right to remain silent is one of the most important protections for criminal defendants.