Always Honest. Always Accessible.

Charles T. Ganz

Do you know how to act on your right to remain silent?

On Behalf of | Feb 8, 2022 | Manslaughter Defense

Anytime you interact with the police, you should assume that anything you say will be used against you in court. In other words, it’s oftentimes in your best interest to remain silent if the police start asking you questions that could lead to allegations of criminal wrongdoing. Remember, you have a Constitutional right against self-incrimination, so your right to remain silent follows you wherever you go.

Where many accused individuals slip up

A lot of people have the misperception that the police are required to read them their Miranda rights prior to questioning them in a way that could lead to criminal charges. Therefore, they feel safe talking to friendly law enforcement officials who seem to be helping. But in reality, the police only have to read you a Miranda warning if you’re being subjected to custodial interrogation.

How do you know if you’re being subjected to custodial interrogation?

Simply put, you’re being held in custody if you’re not free to leave. So, if the police are asking you questions while holding you, then you’re being subjected to custodial interrogation. An easy way to determine if you’re in custody is to simply ask if you can leave. If you can, then it’s probably best that you do so.

Act on your right to an attorney

You have the right to have an attorney by your side any time that you’re questioned by the police. Acting on that right is one of the best ways to protect yourself.

But even if you’ve already been questioned by the police, it’s a good idea to discuss the circumstances of your case with an experienced criminal defense attorney. After all, one of these attorneys can help you develop the legal strategy that protects you as fully as possible, which may include suppressing statements that were illegally obtained due to violations of your Miranda rights. To learn more about what a criminal defense attorney can do for you, please continue to read our website.