The Right to Silence, How and Why to Exercise It?

The Right to Silence, How and Why to Exercise It?

Have you ever watched a detective film? You are certainly aware of the existence of the right to silence.The police have an obligation to remind you of this right to silence when they detain or arrest you.

When the agents remind you of this right it is done, very quickly and in the heat of the moment. You do not have time to measure the importance of this right and its application.

You would be surprised at the number of clients who contact Criminal Defence Lawyers when they have already made a statement to the police. It's not necessarily fatal to your defense, but it certainly makes the whole thing more complicated.

Let's say it again: Keep silent!

Why keep silent?

“You have the right to remain silent. If you waive this right, anything you say can and will be used against you in a court of law.”

By reading this sentence carefully, you will understand that there is, very often, NO advantage to talking. Anything you say can and WILL be used against you in court.

You may tell yourself that trivial or incidental statements will cause you no harm, but you cannot be sure. They could be used to undermine your credibility, even if they are not directly related to the accusation. When in doubt, abstain. Take our advice: keep silent!

Also, keep in mind that silence can be broken in ways other than speaking. A gesture, a nod like refusing to say yes, but nodding which means the same thing. Anything seen by a police officer can be noted and used against you.

Speaking examples!

Here is an example that can help you understand the importance of exercising this fundamental right.

Charged with criminal negligence causing death.

After a traffic accident, the client is charged with criminal negligence causing death. When he is with the police, they take down a statement from the client. The statement could be incriminating as to a

criminal offense, but could also be criminal and this is why it is best to turn to Criminal Defence Lawyers as early as possible.

How to exercise your right to silence?

You should be aware that the police have the right to use interrogation or investigative techniques to obtain statements. They have the right to insist. You will probably have to repeat your intention to remain silent several times.

You can simply repeat that you wish to remain silent. You can also say nothing at all. Let the police speak in a vacuum, they will run out before you!

You must absolutely ignore the pressure imposed on you by the police. They may tell you that you will remain detained if you do not speak. That your situation will be worse if you remain silent.

Instead, keep in mind that they only want one thing: an admission of guilt.

This is definitely not what you want.In fact, you may have committed a crime and you do want to admit your guilt. You can always do it later, without more serious consequences.

But save those admissions for the judge, not the police. This will ensure that your rights are protected, and you will have the chance to be advised by a Criminal Defence Attorney before doing anything you may regret.