Why Do So Many Criminal Defendants Give Up Their Right to Remain Silent?

 Posted on April 18, 2023 in Criminal Defense

You do not have to be arrested to know that criminal defendants are given the right to remain silent. Anyone who has watched enough true crime documentaries or police-related television shows can probably recite the Miranda Warning from heart.

Participating in a police interrogation is one of the worst things you can do if you have been arrested and charged with a criminal offense. It is too easy to say something that damages your case or even make an innocent remark that is taken out of context and later used against you. Although anybody accused of a crime has the right to remain silent and avoid incriminating themselves, many people give up this right and speak freely to the police without consulting with a lawyer first – often to their detriment.

Many Criminal Defendants Do Not Understand Their Rights

The United States Constitution protects several crucial rights. Among these rights is the right to avoid self-incrimination. The Fifth Amendment guarantees that criminal defendants cannot be forced to give testimony that would incriminate them. This is the basis of our right to remain silent and refuse questions from the police.

Unfortunately, many people are not aware of this essential right. They assume that they are required to answer police questions and do not realize that they have the right to say nothing. Sometimes, aggressive police interrogation tactics or mere exhaustion may break them down to a point where they start to talk.

Criminal Defendants May Think That Cooperating with the Police Will Get Them Leniency

Another key reason that many criminal defendants give up their right to remain silent is that they think that cooperating with the police is their best option for reducing the consequences of an alleged offense. Police officers are legally authorized to exaggerate facts or outright lie to criminal suspects. They may tell the suspect that they have evidence that does not actually exist or that an alleged co-conspirator already told them everything.

Police may also imply that cooperating with them is the best way to reduce any jail time or criminal penalties they face. They may say something like, “I cannot help you if you do not help me.” However, police do not determine sentencing in a criminal case, so this is a hollow promise.

What to Do if You Are Accused of a Crime

If you or a loved one are ever accused of a crime, it is important to contact a skilled criminal defense lawyer right away. If the police start asking you questions, calmly state that you are invoking your right to remain silent and will not be answering questions. The police may still try to get you to answer questions or even engage you in small talk, but the best thing to do is to say nothing and remain unresponsive. Your lawyer can help you decide the best way to handle your case and defend yourself against whatever accusations you face.

Contact our Plano Criminal Defense Lawyer for Help

If you are facing charges for drug trafficking, sexual exploitation of a minor, human trafficking, identity theft, fraud, or another criminal offense, contact The Crowder Law Firm, P.C.. Our Collin County criminal defense attorney can help you avoid self-incrimination and present a strong defense. Call 214-544-0061 for a free consultation.

Source:

https://constitution.congress.gov/browse/essay/amdt5-4-7-5/ALDE_00013690/