If you find yourself at the mercy of law enforcement, it is important to clearly understand what the right to remain silent entails. This stems from the Miranda Rights first established in the 1960s, which protect people from being coerced or forced into self-incrimination.
Today, police must read you a Miranda Warning when arrested. But you don’t have to wait until you are read this warning to elect your right to remain silent. If you are detained (held if you are suspected of a crime or if you may have information about a crime), you can also elect to remain silent.
There is a right and wrong way to elect this right. Just clamming up and refusing to say anything does not work very well in police interactions. Instead, remain as calm as you can, and follow lawful commands like offering your license or vehicle documents. Ask calmly and politely if you are being detained. If so, clearly articulate that you wish to elect your right to remain silent.
In cases of public safety dangers, commands to provide documentation, and arrest booking procedures, your right to remain silent is suspended. However, these elements cannot be later used to further incriminate you.
Finally, if you are arrested, you need to secure a Savannah, Georgia attorney as soon as possible to help protect you from further self-incrimination.
