It is a terrible idea to talk to the police if you have been charged with a crime or think you may be suspected of committing one. You are not required to speak with the police, and anything that you say to them can (and definitely will) be used against you in court. This is true even if you are factually innocent of the crime, and even if you believe that what you are saying will help your case. The police are well versed in interrogation techniques and their line of questioning can often paint a completely innocent person as guilty. Note that all our information is for California residents only and you should consult a lawyer in your state if you have questions about this.

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If you’re being investigated for committing a crime, it is important to exercise your right to remain silent and to have an attorney present during any questioning by the police. The lawyers at Gomez, Radford, and Rome are experienced in talking to law enforcement because we were all former prosecutors. We are your best protection against self-incrimination and will help to ensure that your rights are protected throughout the criminal justice process.

If the police try to question you, it is important to calmly and politely assert your right to remain silent and to have an attorney present. You can say something along the lines of, “I am sorry, but I am going to exercise my right to remain silent and to have an attorney present. I do not want to answer any questions without my lawyer present.”

By remaining silent and having an attorney present, you can protect yourself from accidentally making statements that could be used against you in court. This is something that police and prosecutors are very highly trained in and you need an objective perspective from a lawyer to even the playing field. Your lawyer will be able to provide you with the guidance and support that you need to navigate the criminal justice system, and they will be your best advocate in achieving a favorable outcome in your case. The police will often try to convince you that you will get a better deal or that they can advocate with the prosecution on your behalf if only you cooperate. This is a ruse, a lie designed to gather more evidence. Police are allowed to lie to you. They are allowed to trick you into giving testimony against your own best interest, and they have extensive training to do so. Know your rights!

Do I need to Answer Questions Asked by Police?

No! You have the right to remain silent and the right to consult with an attorney before answering any questions by the police. Most people feel threatened by police presence and feel that they have no choice but to answer questions by the police. Others feel that speaking to the police would only help them by confessing to committing the offense. We can assure you that speaking to the police before being fully advised of your legal rights generally does not help. It is crucial to know your rights and know that you do not need to speak to the police. The United States Constitution protects your right to remain silent and the right to have an attorney present before any and all questioning.

What is the Fifth Amendment right to remain silent and how does it work?

You have the Constitutional right to remain silent under the Fifth Amendment to the United States Constitution. The Fifth Amendment protection against self incrimination. That means you have the right not to self incriminate and the legal right to remain silent. 

In practical terms lets say that you are pulled over by the police. The police suspect you of driving under the influence the police ask you “have you had anything to drink tonight?” You have the right to not answer any questions that will incriminate yourself. You can invoke your Fifth Amendment right to remain silent and refuse to answer any question that would incriminate you such as “yeah, I’ve had twenty beers and four shots of tequila.” 

Once you’ve invoked this right, the police must stop questioning you. This protection is crucial because it prevents individuals from being coerced into self-incrimination and is designed to establish that any statements made are voluntarily made.

What is the Fifth Amendment right to remain silent and how does it work?

You have the Constitutional right to remain silent under the Fifth Amendment to the United States Constitution. The Fifth Amendment protection against self incrimination. That means you have the right not to self incriminate and the legal right to remain silent. 

What is the Sixth Amendment right to an attorney and how does it work?

The right to have an attorney present before and during questioning by the police as well as in all criminal proceedings is afforded to you under the Sixth Amendment of the Constitution.  This right is critical and states that even if you cannot afford a lawyer, one will be given to you free of charge. This is such a vital step in our criminal justice system and it is very important for people to be made aware that they possess these rights. The minute a person invokes their right to a lawyer all questions by the police must stop! 

When do I need to be Mirandized? What is the Miranda Warning?

You have the Constitutional right to remain silent under the Fifth Amendment to the United States Constitution. The Fifth Amendment protection against self incrimination. That means you have the right not to self incriminate and the legal right to remain silent. 

The Miranda warning, derived from the U.S. Supreme Court case Miranda v. Arizona (1966), must be given by police to a person that is in custody (not free to go) and about to be interrogated (ask questions that are likely going to lead to an incriminating response).

What do I need to be warned of?

Pursuant to Miranda, the police (unless some life threatening emergency) must inform you that you have the right to remain silent, the right to have an attorney present during questioning and warn you that anything you say can and will be used against you in a court of law. 

This means that admitting to drinking, admitting to stealing, admitting to murder will all be used against you in court! 

What happens if I was not Mirandized by the police?

In California, if you are in custody and asked incriminating questions by the police without being read your Miranda rights, and no exception applies, then any incriminating statement made by you is not admissible in court. That means that a confession cannot be used against you. This is why it is so very important to have a skilled defense attorney armed at your side to make sure that your rights were not violated and to make sure that if they were indeed violated, we can have that evidence thrown out and not used against you. 

If you are not Mirandized and make an incriminating statement and the police did in fact violate your rights, a skilled defense attorney like the attorneys here at Gomez, Radford, & Rome will fight for you and will file a motion to have that statement made inadmissible, fight for a dismissal of your charge(s) as a result of the conditional violation which would weaken the prosecution’s case against you. It unfortunately is not uncommon for the police to forget to read a person their rights- that is why one must be made aware of the legal rights they possess such as the right to remain silent and the right to have an attorney present during any and all questioning.