“You have the right to remain silent” is a statement that’s part of the Miranda warning. The police use it when someone is in custody or subject to custodial interrogation.
After reading the Miranda warning, an officer will typically ask, “Do you understand each of these rights as I have explained them to you?” and “Having these rights in mind, do you wish to talk to us now?”
This is the point to invoke your right to remain silent. However, you have to do so correctly to stop the police from questioning you. Here is what to know:
You have to state your intention to remain silent
You have to clearly, explicitly and verbally inform the officer that you wish to invoke your right to remain silent. Staying quiet does not invoke your right. You can say:
- “I am exercising my right to remain silent.”
- “I am invoking my right to remain silent, and I want to speak with an attorney.”
- “I will not answer any questions without a lawyer present.”
- “I do not want to answer questions.”
- “I am choosing to remain silent.”
Do not be vague. Statements, such as “I’m not sure if I should talk,” “Maybe I should get a lawyer,” “I think I need a lawyer” or “I don’t want to answer that now,” are ambiguous. Officers may continue asking questions or resume questioning after some time, and anything you say can be used against you.
After invoking your right to remain silent, remain quiet until your lawyer is present. Avoid voluntarily engaging in conversations or explaining yourself. This can be viewed as a waiver of your rights.
The right to remain silent is one of the most misunderstood rights. Learn more about the steps to take to legally protect yourself when interacting with the police.
