Your Right To Remain Silent

Your Right To Remain Silent
Derek Byrd, Byrd Law Firm

One of the most important rights you have as a citizen is the right to remain silent. There may come a time in your life when you’re confronted by law enforcement who wants to ask you questions about a crime that they think you may have committed or that you were a witness to.

Although your gut instincts are to cooperate and answer all the questions that law enforcement asks you, it’s actually a bad idea to do so. Your better approach is to think, remain calm and politely tell the officer, “You know what, sir or ma’am, I’m not going to answer any questions until I have an attorney present.”

Believe it or not, law enforcement officers can manipulate what you say. They can take things out of context. They can put words in your mouth. More often than not, whatever you say is going to harm you. You have a right not to do that, and I recommend that you don’t do that.

No matter how much you want to cooperate, no matter how much you think this is going to help you in the long run, it’s not. I promise you! After doing this for over 20 years, I can emphatically state that a defendant’s worst enemy is his own words. I can’t tell you how many cases I’ve had where the defendant said, “I didn’t say that, they took that out of context.” Or “That’s not true.” But then you’re going to get into a swearing contest with a law enforcement officer. And like it or not, most juries are going to believe a law enforcement officer over you. So, as hard as it may be, as much as you may not want to do it, you’ve got to keep your mouth shut.

Do not answer questions without an attorney present. It’s as simple as that. Even if you’ve done nothing wrong. Even if you know you’ve done nothing wrong, you have to have a lawyer present. Exercise your right to remain silent.

All information contained herein is provided for the purpose of providing basic information only and should not be construed as formal legal advice. The Sarasota Attorneys disclaim any and all liability resulting from reliance upon such information.  You are strongly encouraged to seek professional legal advice before relying upon any of the information contained herein. Legal advice should be sought directly from a properly retained lawyer or attorney.