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On Behalf of | Oct 18, 2023

Exercising your right to remain silent

On Behalf of | Oct 18, 2023 | Criminal Law

It is important to be aware of your rights when facing criminal allegations. Exercising your rights when questioned by law enforcement can make a difference in your case.

One of your most valuable rights in any legal situation is the right to remain silent.

Know your rights

The Fifth Amendment of the United States Constitution guarantees the right to remain silent. This right protects you from answering any incriminating questions or implicating yourself in a crime. The Supreme Court established a framework around this with the 1966 court case Miranda v. Arizona.

The ruling in the Miranda v. Arizona case mandated that law enforcement officials inform individuals of their constitutional right to remain silent and their right to legal counsel during custodial interrogations.

Avoid self-incrimination

Throughout an investigation, law enforcement or investigators may pose complex questions related to your financial transactions, professional conduct or other aspects of your business. Such queries trap you into providing information that could incriminate you. Remember that the court can and will use anything you say during these interactions against you in court.

There are also potential consequences of inadvertently providing misleading information. Misunderstandings or misinterpretations during questioning can lead to inconsistent statements, which could further complicate the legal proceedings.

Protect your interests

You may choose to exercise your right to remain silent when facing questions from investigators. Remaining silent is a way to protect your interests and avoid an unintentional admission of guilt.

Understanding and exercising your right to remain silent can be a wise decision when accused of a crime in Pennsylvania. Doing so can help to ensure a fair legal process.

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