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How to Assert Your Right to Remain Silent

April 5, 2011

If you are arrested or subject to custodial interogation, you are entitled to certain rights that were given to you by the U.S. Supreme Court in Miranda v. Arizona.  The police should “read you your rights”, or what is also known as giving a Miranda warning, which includes the right to remain silent.

Many times, defendants find it difficult to assert their rights when being questioned by police.  However, it is important that you do your best to retain your right to silence before you have the opportunity to speak with a criminal defense attorney.

If you remain silent, the police can continue to question you.  But that does not mean you have to answer.  After you are given your Miranda warning, you are entitled to stop the questioning by telling the police that you want to speak with an attorney.  If the police continue to question you after you have made it known that you want to talk with a lawyer, they have violated Miranda, and anything that you say to them – or any evidence they may find as a result of what you said – should not be used against you at trial.

If you have been arrested for a crime in Arizona and need a Phoenix criminal defense attorney, please feel free to contact me.

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