If you are ever arrested or accused of a crime, you may be curious about whether or not you need to say something specifically to invoke your privilege against self-incrimination. The police must advise you of your rights or give you your Miranda warning when they interrogate a person who is in custody. Interrogation refers to any actions, words, or express questioning that an officer should know what a reasonably illicit and incriminating response.
If you’re not sure what’s going on and you feel pressured to provide further information to the police officers, this is a good sign that you should probably exercise your right to remain silent. Very rarely can a person “talk their way” out of criminal charges. Since police officers spend every day trying to glean information from suspects, they have a great deal more experience to use these questions to get as many details as possible from you. This means that you’re more likely to set yourself up for failure than success and could make the officer’s job easier for him or her.
Being in custody is referred to a situation in which a reasonable person in the same shoes as the defendant would suspect that they were not free to leave at the time. Only in certain situations can the prosecution point to a suspect’s silence out of custody in response to police questioning as evidence of guilt. This refers to situations in which the suspect voluntarily submits to police questioning, does not expressly invoke his fifth amendment rights verbally or is out of police custody and not Mirandized. You may need to explicitly invoke the right to say nothing. You may use the words “I want to invoke my right to be silent” or “I invoke my privilege against self-incrimination”.
Consulting with an experienced criminal defense attorney is strongly recommended if you have already been accused of a crime. This may be the only way for you to avoid the catastrophic consequences of fighting back against criminal charges that could destroy your future and generate a criminal record.