You Have the Right to Remain Silent, and You Should Use It.
If the police want to talk with you, there is a good chance you are the suspect in an investigation. Talking with the police is a recipe for disaster because they are not looking for the truth; they are looking for evidence.
What you say “can and will be used against you.”
Everything you say and do could incriminate you from the moment you are accused of a crime. An innocent person often feels obliged to speak with police to seem accommodating and guiltless. If the police or a law enforcement officer wants to talk to you, the best option is to remain silent. Police trick many innocent people into saying something that seems incriminating or contradictory, leading to the false impression that they are guilty of something. Police are trying to collect evidence and build a case, not a search for justice. If anyone has accused you of a crime or the police are investigating you, immediately call one of Michigan’s top law firms, LEWIS & DICKSTEIN, P.L.L.C., to represent you and leave the rest to your seasoned legal representation. NEVER waive your 5th Amendment right to remain silent.
If I’m innocent, what is the harm in speaking with the police?
The accused may worry their refusal to speak will be mistaken for guilt. Do not talk to law enforcement or waive your 5th Amendment right to remain silent, whether guilty or innocent. Even when innocent, being accused of a crime is anxiety-provoking and may cause you to misspeak when telling police where you were at the time of the crime. Failing to remember your whereabouts with 100% accuracy will be perceived as guilty anyway! Additionally, an officer can easily misremember what you said later or fail to read your Miranda Rights properly.
What do Miranda Rights have to do with the 5th Amendment right to remain silent?
The case of Miranda v. Arizona established that law enforcement officers must inform suspects of their right to consult with a lawyer, have a lawyer present during questioning, and have the right to a court-appointed attorney if they cannot afford one. The Miranda rights also warn that “anything you say can and will be used against you.” It is important to note that Miranda rights do not just say “can be used against you.” The right specifically says, “can AND WILL be used against you.” What you say to the police will not be used to help you. At best, any statement denying guilt is self-serving and creates an issue for a jury and not for the prosecutor when deciding whether to charge you. Given that there is no incentive, why speak? Speaking to police without a lawyer can harm you and virtually never helps.
If I’m guilty, won’t I benefit from admitting guilt sooner rather than later? No, do not waive your 5th Amendment Right to Remain Silent.
The simple answer is no. Under the care of a seasoned attorney, you will almost certainly receive a better outcome if you do not speak to the police. If information needs to be provided to law enforcement on your behalf, a lawyer can and should communicate for you; you should never speak to law enforcement yourself. An experienced lawyer will know what to say and how to say it to get the maximum benefit. While police will try to persuade you to admit guilt, claiming that they will go easier on you if you admit guilt now, hold your silence. Anything you say strengthens the prosecution’s case and reduces your lawyer’s ability to help and protect you. Despite what you may think or whatever lies the police officers tell you to manipulate you into talking, nothing you can say will help you. Anything the police state to the contrary is untrue and a ploy to induce you to incriminate yourself. Please don’t fall for it!
The right to remain silent, also known as protection against self-incrimination, is enshrined in the Fifth Amendment to ensure fairness in the legal system and protect individuals from government abuse of power.
“Why did the framers include the right to remain silent in the United States Constitution?”
Here are a few reasons why the framers of the U.S. Constitution included this provision:
Protection from coercion and forced confessions: The framers of the Constitution were familiar with abuses of the legal system where individuals were tortured or coerced into making false confessions. The right to remain silent protects against these abuses, ensuring that confessions are given voluntarily and truthfully.
Presumption of innocence: This right underscores the principle that an individual is presumed innocent until proven guilty. It’s the government’s responsibility to prove a person’s guilt beyond a reasonable doubt, not the individual’s responsibility to prove their innocence.
Avoiding self-incrimination: The framers did not want to create a situation where an individual could be forced to testify against themselves, potentially leading to unjust convictions.
Limiting Government Power: Including this right is also seen as a way to balance power between the individual and the government. It provides a check against potential government overreach and abuse of power.
Legal dignity and personal privacy: The right also protects an individual’s dignity and privacy by preventing the government from forcing them to reveal potentially embarrassing or private information in a public forum.
These protections, among others, help ensure the legal system remains fair and just. They also reflect the profound respect for individual rights, a cornerstone of the U.S. Constitution.
Enlist the help of an Aggressive Attorney with a Track Record of Success. Do not waive your 5th Amendment Right to Remain Silent.
LEWIS & DICKSTEIN, P.L.L.C. is an award-winning law firm in Michigan that has represented thousands of clients. With a thorough understanding of state and federal law, we will investigate the facts of your case and protect your freedom. In the meantime, we encourage you to exercise your 5th Amendment right to remain silent and leave the rest to us.
Why hire a top criminal defense law firm if you’re concerned about the police violating your rights? Hiring a top criminal defense law firm, such as LEWIS & DICKSTEIN, P.L.L.C., is essential if you’re concerned about potential violations of your rights by law enforcement because these professionals have a deep understanding of the intricacies of the law, including the protections afforded by the Constitution. A skilled criminal defense attorney will work tirelessly to ensure your rights are upheld, from the initial interaction with law enforcement through every stage of the judicial process. Our reputable, experienced defense attorneys can get evidence suppressed from unlawful interrogations, illegal searches, and other police misconduct. We can seek dismissal of all changes by ensuring that any evidence obtained unlawfully is not used against you. Furthermore, if your rights have been violated, we can potentially leverage this to your advantage in court proceedings, often leading to reduced charges or even a complete dismissal of the case.
Call us today at (248) 263-6800 for a free consultation or complete an online Request for Assistance Form. We will contact you promptly and find a way to help you.