Why Is the Right to Remain Silent Important?
Many people are unfamiliar with the criminal justice system, and it’s easy for them to miss important details. One such detail is the right to remain silent.
Staying quiet is a way to keep you from implicating yourself. The authorities are often focused on securing an arrest. They are already convinced of your guilt, and they just need an excuse to formally charge you. If you say just the wrong thing, the cops could have their arrest on a technicality alone.
The right to remain silent also acknowledges a regular person’s limitations. Most laypeople are not well-versed in the law. No matter how smart and educated you are, you could still accidentally implicate yourself through a misplaced word or phrase.
That’s why an attorney can do the speaking for you. They are not under the same pressure, and they are educated in the law and your rights.
Silence can also help reduce abuses of power. The law recognizes the inherent imbalance of power between the police and regular citizens. Normal, innocent people are often afraid of and flustered by the cops. Authorities can use this power against people. They can force confessions or get people to admit to things that didn’t happen.
Remaining Silent in a Traffic Stop
When the police pull you over, it’s presumably because of your driving behavior. The cops may try to connect that behavior with an outside influence.
If you say just the wrong thing during a stop, you could be accused of driving under the influence. Remember, the Miranda rights warn you that “anything you say can and will be used against you.”
Here are some ways the police could use your words against you.
Employing Tricky Word Play
Police know how to trap people into a confession. When they pull someone over, they might ask questions like, “How much have you had to drink tonight?” or “Which medications did you take?” Some cops may be asking out of genuine concern, but more often than not, they are trying to trick you.
If you answer with anything affirmative, you could be arrested for a DUI. Even if you had only one drink hours ago, that may be enough to accuse you. Furthermore, legal medications could be enough to secure an arrest. Technically, cops could accuse you of driving under the influence for drinking kava tea.
It’s better to avoid answering any questions altogether, no matter how benign they seem. Don’t tell the police where you came from or your destination, and definitely don’t tell them about any substance you put in your body.
Coercing You After an Arrest
Even after reading you your rights, police can try to get information out of you. They know that after they arrest you, you are scared. You feel like you are in over your head, especially if an outside substance has you further confused. They may try to be the “good cop.” If you just tell them the whole story, they say, they can help you out.
Even if the police aren’t intentionally trying to squeeze information out of you, it’s best to just remain silent. You could say just the wrong thing that will give them ammunition against you. Remember, let your lawyer do the talking, and you may be able to leave the situation with your innocence intact.
For help fighting against a DUI accusation, contact our firm today. You can reach us by phone at (803) 359-3301, or you can connect with us online.