What does it mean that I have the right to remain silent?
Though you’ve heard of the right to remain silent, you may wonder what that means exactly. After all, does it mean that when a law enforcement agent tells you that you have to answer certain questions you have the right to not answer? When in doubt, consult a criminal attorney Fairfax VA trusts from Dave Albo Attorney who will make every effort to protect your rights.
The Fifth Amendment of the US Constitution
The Fifth Amendment is a federal right, which means that individual states cannot overrule it. Therefore, you have that right no matter where you are located within the United States. So what is the Fifth Amendment? It’s the right to not say anything if what you say might be held against you in court. Saying something that law enforcement or a prosecutor can use against you is also known as self-incrimination. As a criminal attorney Fairfax VA can turn to might tell you, don’t say anything at all because you don’t know what they might use against you. In fact, call us. Call us and a criminal attorney Fairfax VA resident rely on from our firm can represent you and communicate on your behalf. When you are our client, your Dave Albo Attorney criminal defense lawyer can also advise you on what to say or not to say.
Your Right to Remain Silent
When you are interacting with a police officer or other law enforcement official or federal agent, you do not have to answer any of their questions. If you started to answer their questions and decide to stop answering, you have the right to do that too. In a few states, if a police officer asks you to identify yourself, you are required by law. However, in most states, you do not have to identify yourself nor provide legal identification such as a driver’s license (unless you are driving a vehicle) or passport. Because this law varies by state, be sure to check with your local attorney.
Reading You Your Rights
You are probably familiar with the Miranda warning, the one that is often included in television procedural shows when a police officer “reads” a person their rights as they arrest them. The Miranda warning includes a caution that if a person speaks, anything they say can be used against them. However, they are not required to read you your rights until you are in custody, and only if they plan to question you, as a criminal attorney Fairfax VA trusts can explain. In other words, they can arrest you, put you into a jail cell, and never have to read you your rights. But whether or not they have told you of your Miranda rights, you have the right to remain silent.
Contact a Criminal Defense Lawyer at Dave Albo
If you have been charged in the state of Virginia with a criminal offense, don’t hesitate to contact our legal team at Dave Albo Attorney. It’s important to do this as soon as possible to make sure that your rights are protected from the start and that you do not incriminate yourself. Call Dave Albo Attorney any time of day or night at to speak with a respected criminal attorney Fairfax VA residents need.