Police officers do not necessarily care about catching the right person. They simply want to have a high arrest and conviction rate. Sometimes, the tactics used by police officers can lead to innocent people facing criminal charges. Innocent people may even plead guilty to criminal charges out of fear of the consequences if they go to court and get convicted. The civil rights extended to criminal defendants serve to protect people from wrongful charges and convictions.
People who know their rights can reduce their likelihood of facing unfounded criminal charges or dealing with an unfair conviction. One of the most important rights for someone facing arrest and prosecution is the right to remain silent. What do people need to know about the right to remain silent?
People must actively assert their rights after an arrest
The right to remain silent is so important that police officers have to inform someone of that right before questioning them. The Miranda warning informs someone of their right to remain silent and their right to seek representation from a defense lawyer.
Someone intending to invoke their right to remain silent while in state custody might simply stop answering questions. However, police officers could continue attempting to question them and might eventually provoke them into speaking. People typically need to verbally state they want to use their right to remain silent to prevent police officers from infringing on that right.
Silence should extend beyond questioning
Someone who asserts the right to remain silent during questioning by police officers could still implicate themselves. They might make the mistake of talking about the charges with another person in state custody. They could also call friends or family to discuss the situation. Such phone calls are likely subject to recording. Anyone in state custody might serve as an informant by relaying what someone says to them. Those held by the state typically need to avoid talking about their charges with anyone while they are in state facilities.
Silence is an option prior to arrest
While the Miranda warning technically only applies to those already in state custody, there is no rule compelling people to talk to the police. People may worry that refusing to answer questions makes them look guilty. However, the questions police officers ask them could very easily make them look guilty.
Those subject to an investigation or arrested for alleged criminal offenses can refuse to answer questions until counsel is present, provided that they have asserted their rights clearly. People who know and properly use their rights improve their chances of defeating pending criminal charges.