Many people land themselves in hot water when they say too much. The right to remain silent is one of America’s oldest principles, so you should use it. Sometimes there is power in silence and you can have many legal benefits in doing so. Here are 5 things most people don’t know about the right to remain silent.
When Do Police Have To Read Rights
Many people believe the police officer has to read them their rights. This belief is from a flawed understanding of “Miranda rights.” The truth is, a failure to read these doesn’t mean there will be an automatic dismissal. Your rights must only be read to you when in custody.
Police officers are trained to strike up conversations with suspects. The first few questions will be general, aimed at rapport building. Then, the questions loop back around to catch the person with conflicting statements. This is how they can get many people to admit to incriminating details. So whenever you talk to the police, do so cautiously.Ā
What To Do Instead
You only have to provide your identification in most cases. There is no reason for you to make small talk. Every attorney with sense will tell you to say as little as possible.Ā
It is an officer’s job to make arrests. They are not a jury that needs to deliberate on every detail. Finding a probable cause to make searches and arrests is an officer’s main objective.
What is Probable Cause?
This means that there is a fair chance a search will lead to uncovering a crime. Or in the case of an arrest, that there is a reasonable chance a crime was committed. Many times it is from what they observe. Here are a few such examples:
- alcoholic odor coming from suspect’s mouth
- seeing a blunt force object covered in red
- an admission coming from a suspect
What if a Suspect Gets Coerced To Confess?
There have been many cases of police misconduct. Everyone has heard cases where suspects get threatened or physically harmed. These are also called coerced confessions. It is interesting to note that:
- 84% of false confessions come after 6 hours
- Officers cannot guarantee leniency
- There is no rule that an officer can’t lie
However, these are the types of cases that are dismissed most often. The evidence may be inadmissible in court if the suspect was not read their rights. Yet, this might not result in immediate dismissal.
Many times dismissals come by filing a motion with the court. It is not often a process that happens on its own. Television shows create a false idea that things happen quickly in the legal system.
It is always better to say nothing in the first place. Not every judge will be lenient. Some people have spent many years in prison waiting for appeals courts to hear their case. Quite a few waited decades for DNA tests to prove they didn’t commit the crime but falsely confessed.
Get HelpĀ
If you are suspected of having committed a crime or are convicted for it, get someone to represent you. Getting an experienced criminal defense attorney will help navigate the legal system. There are many nuances and rules to follow. If you are facing criminal convictions and penalties in Alhambra, do not hesitate to contact a legal expert.
If you find yourself forced in any way into a confession, you should not give in to the pressure. Stand your ground and use your right to stay silent. You can state, “I do not wish to make a statement. I am invoking my right to silence. I would like an attorney.”
Know and Use Your Rights
A surprising number of convictions are from false confessions. Some people make these confessions due to a lack of understanding. Others do it based on coercion like false promises, lies, and forms of duress. It is better to stay silent and allow an attorney to communicate with the officer. These are two fundamental rights every citizen has.
About the AuthorĀ
Mark ScottĀ
With a law degree under his belt and years of experience, Mark Scott set off to make the law more accessible to all. He decided to help people lost in the maze of legal terminology to find their way. Mark writes clear and concise pieces and gives simple advice that is easy to follow. On account of positive feedback from readers, he decided to dedicate more of his time to this goal and became a legal columnist. In his writings, Mark covers a wide array of topics, like how to seek legal counsel, or how to deal with different procedures. Furthermore, he directs his readers toward other trustworthy resources for more in-depth information.
