The right to remain silent is a cornerstone of the American legal system. It is part of the “Due Process” clause of the Constitution and means you do not need to speak if the police question you. However, this fundamental right is frequently waived, often to one’s own disadvantage. When questioned by the police, you are required to provide your name, age, and address. After that, you should inquire whether you are being detained. If you are being detained, make it clear that you are asserting your right to remain silent and request to speak with a lawyer.
Defense
An experienced criminal defense attorney can protect you by negotiating the terms of the interview, reviewing anything you might need to turn over to the police to make sure it doesn’t accidentally incriminate you, and making sure you understand the officer’s questions and don’t say anything that could expose you to criminal charges.
Common Questions
What should I do when first being questioned by police ?
-You should politely but firmly tell them that you are exercising your right to remain silent and want to speak to a lawyer. Importantly, you cannot assert your Fifth Amendment right to remain silent just by refusing to answer the police officer’s questions. Instead, you must affirmatively tell the officer you are asserting your Fifth Amendment rights and ask to speak to a lawyer.
What Happens If Police Violate My Fifth Amendment Rights ?
– A common misconception is that your case will be dismissed if the police violate your constitutional rights.
Contact Kirsch Daskas Law Group
If you are under investigation or have been charged with a crime in Michigan, one of our qualified attorneys can help. We will evaluate your situation, advise you of the potential consequences, and protect your rights. Call our office at 248-792-3060 to schedule a consultation with our legal team. You may also contact our firm online.
