When the police tell you anything you say can and will be used against you in a court of law, take it seriously. This warning is not just a formality. What you say next can come back to haunt you, even if you think you’re being helpful or just clearing things up.
It underscores the importance of invoking your right to remain silent as early as possible during a custodial interrogation. Many people hesitate, worried that staying quiet makes them look guilty. However, it’s one of the most effective legal safeguards you have.
Be direct and clear
To trigger your right to remain silent during police questioning, you must say it out loud and clearly. A good way to phrase it would be, “I am invoking my right to remain silent. I do not want to answer any questions,” or “I want to speak to my attorney before I answer anything.”
Once you’ve said this, stick to it. Explaining yourself or even responding to follow-up questions can be seen as re-engaging in the conversation, which may give officers the green light to keep questioning you. This can weaken the very protection your silence is meant to provide.
Why does this matter?
Police are supposed to stop questioning you once you invoke your right to silence. If they continue and you respond because you’re under pressure or feel intimidated, any statements you make may be challenged as improperly obtained evidence and possibly excluded from your case. That said, you might unintentionally waive your rights and hurt your case if you begin speaking again on your own.
While exercising your right to remain silent is crucial to protecting yourself, building a solid defense strategy takes more than silence alone. It requires qualified legal guidance to gain a clear understanding of the charges against you and to lay the foundations for the best possible outcome.