The Right to Remain Silent

The purpose of this article is to highlight the importance of our Fifth Amendment protections.  We all enjoy the right against self-incrimination, but police see this right as an obstacle. 

There is a widespread misunderstanding of our right to remain silent.  People misunderstand the implications of an officer failing to read a suspect his/her Miranda rights.  But more to our detriment, most people misunderstand when to exercise their right to remain silent.  As a criminal defense attorney, the Fifth Amendment is an important part of my daily work.  But even for people other than lawyers, it is important to be aware of what these rights mean.

First, I'll address how the Miranda warning affects any potential criminal charges resulting from a police investigation.  When a suspect is in custody (not free to leave), police may not use statements that result from their interrogation at trial unless they have read the suspect the "you have the right to remain silent..." speech.  When officers fail to Mirandize someone, the whole case is not thrown out.  Rather, only statements made during custodial interrogation cannot be used as evidence at trial.  The officer can, however, still use those statements to justify an arrest or to help lead the investigation. 

Even after reading the Miranda warning, many police officers will employ deceptive tactics to get you to give up your right to remain silent.  DON'T!  Whether they are trying to build up to probable cause to arrest you or to get a confession after an arrest, one thing is for sure: they aren't trying to help you.  They want to arrest you and charge you with a crime.  Why would you want to help them with that?  Police are trained to use deceit and intimidation to get citizens to give up their important constitutional rights.  Our founders and framers fought hard to keep citizens free and valued liberty so much that it was written into the foundation of our government.  These rights are fast eroding, especially for those who are not aware of their rights and do not know how to effectively assert their rights.

Be aware and assertive of your rights.  Whether in a traffic-stop, checkpoint, or at a sporting event, avoid making any incriminating statements to law enforcement.  Do not answer any questions.  It will reduce the likelihood of an arrest and preserve more defenses in the event that you are arrested.  If you believe your rights have been violated and you are facing criminal charges, you need a passionate, aggressive criminal defense attorney on your side.  Contact the Law Offices of Nicholas Loncar in Los Angeles for a free consultation with a lawyer.

IMPORTANT LINKS:
LA Sheriff's Inmate Locator 
Los Angeles Superior Court  
Los Angeles Police Department
Los Angeles Felony Bail Schedule
Los Angeles Misdemeanor Bail Schedule

Nicholas M. Loncar, Esq. 
Los Angeles Criminal Defense Attorney
t: 213-375-3775 | f: 213-375-3099
Mobile: 323-803-4352 
Nicholas.Loncar@iDefendLosAngeles.com
1200 Wilshire Blvd | Suite 406
Los Angeles, CA | 90017
www.iDefendLosAngeles.com

By Nicholas Loncar

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