Want to Protect Your Right to Remain Silent in Your Criminal Case? You May Have to Speak First

BRYAN, Texas. Imagine you have been arrested and police have read you your Miranda rights. Suspects of a crime are informed in their Miranda rights that they have the right to remain silent and that they have the right to ask to speak to their criminal defense lawyer. Yet, according to U.S. News & World Report, suspects may have to speak in order to invoke their right to remain silent. According to a recent Supreme Court ruling, police have the right to question suspects, and suspects must actively tell police that they are invoking their right to remain silent in order to protect that right.

So, what should one do if one is facing arrest or police questioning? It is important to remember that police may lie and may use pressure tactics to get individuals to reveal information or even say things they may not mean to say. If you are facing police questioning, you should always ask to speak to a criminal defense lawyer. The Wagnon Law Group, P.L.L.C. are criminal defense lawyers in Bryan, Texas who can work with you to protect your rights during police questioning and help you chart the best course forward for your case.

It is also important to remember that if you are under arrest, police won’t immediately furnish you with a lawyer. You must request one. If you can’t afford a lawyer, you will be appointed a public defender. However, individuals who use public defenders may find that their appointed lawyer may not have the time to offer them the personalized attention they need or deserve. When your freedom, your reputation, and your future is on the line, you need a qualified criminal defense lawyer on your side. The Wagnon Law Group, P.L.L.C. in Bryan, Texas are criminal defense attorneys who work closely with individuals facing criminal charges to offer them the best possible defense available.

Some individuals aren’t aware that they can end police questioning by explicitly invoking their right to remain silent. There have been reports of individuals enduring hours of police questioning, even after they had chosen to remain silent. This is why if you are facing police pressure or are facing strong police questioning tactics, it is often wise to ask for a lawyer.

According to the Marshall Project, when a person speaks after choosing not to speak, lawyers and judges may face the immense challenge of determining whether the suspect waived his or her right to remain silent. For instance, individuals may get worn down after a three hour questioning session. In fact, just saying, “no” to police during questioning may not be sufficient to invoke your right to remain silent. Suspects may have to specifically tell officers that they are “invoking their right to remain silent.” Only then may evidence be deemed inadmissible in court if police continue their line of questioning.

In all cases, individuals have a right to simply remain silent, even as they face questioning, but in the high pressure of an interrogation, this can be challenging, if not impossible.

By | 10:26 am | Categories: Legal News | 0 Comments

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