What are the Miranda Rights? Understanding Your Right to Remain Silent

“You have the right to remain silent. Anything you say can and will be used against you in a court of law.” – The Miranda Warning

"No person shall be … compelled in any criminal case to be a witness against himself…” – The Fifth Amendment to the US Constitution.

The right to remain silent is one of the most important legal protections available to anyone accused of a crime. It originates from the Fifth Amendment of the U.S. Constitution, which protects individuals from self-incrimination.

Why the Right to Remain Silent Matters

When a police officer arrests you, they will read your Miranda rights, including your right to remain silent. Anything you say after this point can be used against you in court. Speaking without an attorney present can put you at risk, even if you are innocent.

Waiving Your Right to Remain Silent

If you choose to speak after being read your rights, you are waiving your right to remain silent. You can stop talking at any time by stating that you wish to remain silent or that you want a lawyer. However, anything said before invoking your rights can still be used against you. Even innocent statements can be twisted or misinterpreted, potentially harming your case.

Should You Remain Silent if You’re Innocent?

The common belief that only guilty individuals refuse to speak to the police is false. Even if you are innocent, statements you make can be misunderstood, taken out of context, or used to build a case against you. Police officers are trained interrogators, and their goal is to gather evidence—sometimes at your expense. It is always best to wait until you have legal counsel before speaking.

Final Thoughts

The right to remain silent is a fundamental protection that should not be given up lightly. If you are questioned by police, it is in your best interest to politely decline to answer and request a lawyer. Speaking without legal representation can do more harm than good.

If you or a loved one is facing criminal charges or has been asked to speak with the police, contact our office at 816-787-1979 to discuss your situation with one of our skilled attorneys.