The Fifth Amendment of the U.S. Constitution guarantees that you have the right to remain silent if you have been arrested by the police. You are not required to say anything or incriminate yourself. You do not have to answer questions.
There are situations in which you may have to identify yourself, such as during a traffic stop, but you can then exercise your right to remain silent beyond that identification.
Doing this, however, means going a step beyond simply refusing to answer questions. In many cases, the best option is to directly state your intent to the officers. Saying it out loud ensures that the officers understand, and generally means they will stop asking questions at that point.
Can you still be arrested?
Yes, you can still be arrested, even if you use your right to remain silent.
The key thing to remember is that you cannot be punished by an officer simply for using this right. It won’t make your situation worse. But if the officer has other reasons to arrest you, they can still do so.
If you are arrested, then you should know that you also have the right to an attorney. It is typically wise not to say anything or sign any documentation that is presented to you, at least until you have consulted with your lawyer.
Your defense strategy
Using your right to remain silent helps you avoid saying anything that may incriminate you, understanding that the police can use your statements against you as they build their case. But it is just the first step to take. The next will be to begin developing your own defense strategy, and it can help to work with an experienced criminal defense attorney as you do so.
