The Right to Remain Silent

The U.S. Supreme Court recently ruled that criminal suspects seeking to protect their right to remain silent must actually speak up to keep it! If you are arrested and the police wish to question you about the alleged crime, they have to tell you first that you have the right to remain silent (Miranda warnings). However, the new ruling essentially says that you must tell the police that you are not going to speak with them about the charges. Even if you remain silent for hours and then say something incriminating, it can be used against you. What you should do, if arrested, is tell the officers that you are not going to speak with them about what you are being arrested for and that you want an attorney. The only information you should give them is what’s called “pedigree”, such as your name, address, date of birth, etc. Do not say anything about the instant arrest because you cannot talk your way out of it! In all my years of practice I have never once seen a criminal suspect convince the police that they have the wrong person or that their actions were justified. What you may consider to be an innocent comment about something could come back to haunt you later on in the case.