Getting charged with a crime can knock the wind out of you. Maybe you were handed a summons out of the blue or arrested, cuffed and booked. Either way, your mind is racing. How can you get yourself out of this situation?
You want to defend yourself, explain what happened or clear up what you think is a misunderstanding. However, one of the most important things you can do is to stay silent.
Your right to remain silent is powerful
The Fifth Amendment gives you the right to remain silent. This means you don’t have to answer questions from police, prosecutors or investigators. Remaining silent does not imply you’re guilty. Instead, it protects you from saying something that could work against you.
Talking can make things worse
Anything you say under custodial interrogation can legally be used in court when facing criminal charges. Even a small slip-up, a bad choice of words or a nervous comment can become evidence. Remember, the police might seem friendly or say they’re just trying to help, but their job is to gather information for a case, not protect you.
What should you say?
If you’re being questioned by law enforcement or pressured to talk, simply say, “I’m choosing to remain silent.” You don’t need to justify it or fill in the silence, should the police keep prodding. It may feel awkward, but it’s far safer than saying something that can be twisted, misunderstood or incriminate you.
Knowing when to stay silent is just one piece of the puzzle when you’re charged with a crime. The road ahead can be complex and uncertain, and having the right guidance can help you avoid costly missteps while protecting your rights.