The United States Constitution guarantees every citizen the right to remain silent. Under the Fifth Amendment to the Constitution, you cannot be compelled to incriminate yourself. Unfortunately, many suspects in criminal investigations do not exercise this right. Most times, the smartest thing you can do when questioned in any way by the police is to keep your mouth shut. You should give them your (correct) identity and provide identification. If they question you in any way, even if the question sounds perfectly innocent, you should refuse to answer the question by saying, "I do not want to answer any questions now. I want to talk to a lawyer."

In the famous case of Miranda v. Arizona, the United States Supreme Court ruled that your privilege against self-incrimination is triggered when you are placed in custody or your freedom is otherwise deprived AND you are subjected to questioning. Most people know that the police must advise you of your rights but many do not realize that both of those conditions must exist before the police are required to do so. The Miranda Court defined custodial interrogation as “questioning initiated by law enforcement officers after a person has been taken into custody or otherwise deprived of his/her freedom of action in any significant way.”

In other words, the police can ask you questions and use your answers against you later without reading you your rights under many circumstances. The ONLY WAY to protect yourself fully is to exercise your right to remain silent as soon as a police officer starts to ask you questions about anything. Remember: when you are being invstigated by the police, SILENCE IS GOLDEN.

Immediately prior to undergoing a custodial interrogation, a suspect must be apprised of his/her Miranda rights. If the warnings are not given, any statement made during a custodial interrogation cannot be used in the prosecution of your case, subject to certain exceptions. The most effective way to secure your right to remain silent is to ask for a lawyer because police must then terminate any interrogation until your lawyer is present. Note that the remedy for a Miranda violation is suppression of the evidence obtained illegally and not automatic dismissal of all charges. 

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