Knowing Your Right to Remain Silent in California’s Law System

Sep 4, 2018 | News

082F302F18 Knowing Your Right To Remain Silent in the California Law System

To avoid being charged with a crime unfairly, it is essential to understand your right to remain silent under California law. The right to remain silent was established by the famous Miranda v. Arizona court case. Under this United States Supreme Court case, if being taken into police custody, you must be advised of your Miranda Rights before undergoing any questioning. These rights fall under the Fifth Amendment and protect your right against self-incrimination.


Your Miranda Rights

If you have been taken into police custody, investigators must advise you of the following four things before questioning.

  1. Your right to remain silent
  2. Anything you say can and will be used against you in a court of law
  3. You have the right to an attorney
  4. If you cannot afford an attorney, one will be appointed.

In the event you were not given the above Miranda warnings before any questioning, your statements or any confession you make is assumed involuntarily. Statements cannot go used against you in your criminal case. Additionally, any evidence discovered due to your confession or statements you make will most likely be thrown out as inadmissible.


Right to Remain Silent Definition

The meaning behind your right to remain silent is to allow you to avoid speaking when doing so could potentially incriminate you. The Fifth Amendment gives you the right to avoid talking when it is unavoidable for you to do so. It may be presumed suspicious for you not to speak up under certain circumstances; however, invoking this right allows you to avoid negative consequences for remaining silent. Your silence will not go against you in court.

It is also important to note that the United States Supreme Court has held that police are required to stop questioning a suspect once that suspect invokes their right to legal counsel. However, the suspect must affirmatively speak up and state that they are invoking their right to remain silent and advise the officer that they are invoking their right to an attorney. Keep in mind that you must state that you wish to speak with an attorney. Once you have informed the arresting officers that you want to seek the advice of counsel, they should discontinue any questioning of you until your attorney is present and you have an opportunity to speak with your attorney.


The Importance of Knowing Your Legal Rights

It is essential to know your legal rights, particularly in criminal matters, such as crimes of violence and white-collar crimes. If you get charged with a crime, and you believe that there is a violation of your Fifth Amendment rights against self-incrimination, it is a good idea to speak with an experienced attorney right away. Contact our leading San Diego criminal defense attorney today to get started with representation in your criminal case. Your criminal case. Additionally, any evidence discovered due to your confession or statements.