Everyone has seen the police read these Miranda rights when they arrest someone:
- You have the right to remain silent.
- Anything you say can and will be used against you in court.
- You have the right to an attorney before making any statement and may have your attorney with you during questioning.
- If you cannot afford an attorney and desire one, the court will appoint one for you.
- You may stop the questioning at any time by refusing to answer further or by requesting to consult with your attorney.
MOST SUSPECTS MAKE STATEMENTS
Most arrested suspects make incriminating statements because despite having been read the above rights, they feel they must cooperate with the police because of questionable police interrogation tactics. The police can be very intimating, pushy, and coersive. Also most arrested suspects do not understand how to invoke their rights, and even when they think they have, the police may continue attempting to elicit a confession.
HOW TO INVOKE YOUR RIGHT TO REMAIN SILENT
A suspect must make explicitly clear to any law enforcement officer attempting to elicit a confession that they do not wish to make any statement and they would like to speak with an attorney. This is best done by clearly stating
- I do not want to talk and
- I want an attorney.
You must make both to the above statements clearly in order to invoke your rights and stop police questioning. You must also STOP answering questions.
The police are excellent at convincing suspects that if they admit to the crime, they will get a break, they will not be arrested, and the police will help them. If you have been arrested, the police are not your friends, you have a Fifth Amendment privilege against self-incrimination or the right to remain silent. Do not make a statement without first discussing it with an experienced criminal defense attorney. Why? – Because these types of circumstances breed false confessions. Any statement made to the police without an attorney can completely destroy any defense you may have.
CALL AN EXPERIENCED CINCINNATI CRIMINAL DEFENSE ATTORNEY
If you have made a statement to the police or are being investigated and unsure of your rights, call a Cincinnati Criminal Defense attorney now.