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Why Is The Right To Remain Silent Important

March 10, 2017

By Attorney Matthew Hicks

If taken into custody, it is important to remain silent. This requires you to remain vigilant and not talk about your case at all with anybody.

Police Officers understand the law. They understand that your 5th Amendment Miranda rights are designed to protect against coercive effects found in jailhouse interrogations. Well what does that mean? Simply put, it means even though you invoked your 5th amendment right to remain silent, an undercover police officer or jailhouse informant may elicit confessions or admissions of a specific offense so long as you have not yet been charged with that specific offense yet without violating your 5th amendment Miranda Rights.

In other words, if you discuss facts of your case unknowingly to a undercover cop or jailhouse informant, those conversations might be used as evidence in your case regardless of whether you invoked your 5th Amendment Right to remain silent.

This means you must remain vigilant and not talk about your case with Law enforcement officials, other inmates, relatives, or anybody else besides your attorney. If you are in custody, you should also refrain from talking about the facts of your case on the non-attorney jail phones as well as when other inmates may over hear you on the attorney jail phones.

If you talk to others about the facts of your case, you risk of waiving your 5th Amendment Miranda Rights.

If you have been charged with a crime, Attorney Matthew A. Hicks is here to help defend your rights. Please give him a call for a free consultation at 714-598-3624

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