Under this right every person has:
The right to consult with a lawyer
The right to bring the lawyer to their questioning
The right to be represented by a lawyer even if they cannot afford one
The right to stop a police interview if they do not want to answer any further questions
The right to calmly leave if not arrested
- The right to access all the above rights regardless of immigration or citizenship status.
Exercise your right to remain silent in the following situations:
When you have been stopped on the road while driving by a policeman. You have to stop the car and show the officer all necessary papers, but you also have the right to refuse to answer his questions.
If you are requested to discuss your immigration status, you have the right to refuse to comment. You do not have to answer questions about where you were born, whether or not you are a U.S citizen or how you came to the U.S.
If contacted by the FBI for any reason, you have the right to refuse to comment unless you speak to your lawyer first or in the presence of the lawyer.
If you are arrested and you believe that the arrest is unfair, do not resist it, but you have the right to remain silent unless you speak with a trustworthy lawyer. You also have the right to a local phone call, without the police listening in to your call.
- If you feel that your rights have been violated or you have been on the receiving end of any kind of misbehaviour, you can remain silent. But remember to make a note of any and all activity, and that can later be used to add proof to your statement which you may make in the presence of a lawyer, or when you are filing an official complaint.
Everyone has heard the dialogue from a cop to any person they arrest, especially in TV shows – “You have the right to remain silent. Anything you say can and will be used against you in a court of law.” If that is the case then it makes perfect sense to use the right to remain silent to protect yourself from any incriminating charges apart from any mistake you might have made.
Written by William Fontenot, a Utah criminal defense lawyer known locally as Fontenot Law, P.C. Visit the firms website at http://www.utahlawpro.com