The Importance of Remaining Silent During Police Questioning

If the police are arresting you and plan on questioning you (common after an arrest), they are required to read your Miranda rights. Miranda rights state that you have the right to remain silent, which you should always do to avoid self-incrimination. If you do choose to answer questions (even if they seem harmless), you could end up facing criminal prosecution. At Amanda Hernandez Law, PLLC, our San Antonio criminal defense lawyer has successfully advised criminal defendants facing serious charges. Helping you preserve your freedom and reputation is our top priority.

Protection from Self-Incrimination

The Fifth Amendment protects criminal defendants from providing testimony that can be used against them. While other witnesses can be compelled to testify (usually through a subpoena), a criminal defendant is allowed to refuse to answer questions. This protection against self-incrimination begins at the moment of arrest.

If a police officer plans on detaining and questioning you (known as “custodial interrogation”), they must read your Miranda rights. The first sentence of the Miranda warning informs you of your right to remain silent. If you wish to assert this right, you should confirm that you understand by saying, “I wish to invoke my right to remain silent,” or something of that manner.

Prevents Further Questioning Until Your Attorney Arrives

In addition to invoking your right to remain silent, you should also request an attorney. Stating “I think I should have an attorney” will not cut it; you must be direct: “I wish to invoke my right to an attorney.” By requesting counsel, the police are legally prohibited from asking further questions until your attorney arrives. Having legal guidance by your side can prevent you from answering questions that could have legal implications.

Avoids Misunderstandings

Wishing to remain silent is not an admission of guilt, but rather a form of legal protection. A police officer may misinterpret or twist your words, which can later be used against you. This can make it more difficult to establish a strong defense as your case progresses. Having a lawyer who understands criminal law will help you avoid being misquoted or providing coerced testimony.

Police can be Master Manipulators

Police officers have various tactics to get information out of criminal suspects. Some officers take the “good cop, bad cop” approach, with one cop being empathetic to your case and the other taking an aggressive stance. The good cop may say, “I know you are a good person who made a mistake…” or “This is your last chance to help yourself.” This is just a tactic, as police officers are trying to gather evidence and have no input over a prosecutor’s plea deal or a court’s sentencing. Law enforcement may also lie to you, fake empathy, or build rapport with you to get information. While all of this is legally permissible, it treads a fine line. Understanding police tactics will make it easier to invoke your right to remain silent.

What is an Admissible Confession?

If you choose to waive your right to remain silent (which we strongly discourage), your confession must meet certain criteria to be admissible. According to the Texas Code Crim. P. Art. 38.22, the defendant must have “knowingly, intelligently, and voluntarily” waived his or her Miranda rights for an admission to be admitted into evidence. Confessions must not be the result of coercion, intimidation, or threats.

Besides undermining your defense, any admissions to law enforcement can lead to enhanced charges. If you inadvertently admitted guilt, our San Antonio criminal defense lawyer will evaluate your custodial interrogation to evaluate the statement’s admissibility.

Contact Our San Antonio Criminal Defense Lawyer

Understanding your rights during custodial interrogation is essential to safeguarding your freedom. Still, many criminal suspects are unaware that they are allowed to assert their right to remain silent. At Amanda Hernandez Law, PLLC, our founding attorney is passionate about educating individuals on their rights, even when they end up on the wrong side of the law. To arrange your consultation with our San Antonio criminal defense attorney, our office can be reached online or by phone at (210) 369-4040.