Do I Have to Talk to the Police After my Arrest?

By San Diego Attorney on February 3, 2015

So you’ve been arrested-now what? After an arrest, you may be facing an overwhelming and intimidating situation. It is crucial to understand your rights and practice them to the fullest extent during this time. Police should read you your Miranda rights to you during an arrest, but it is helpful to be aware of them regardless, as they are not always required to go into detail.

Remember, you have the right to:

• Remain silent
• Be told why you were arrested
• Stop answering questions at any time
• Hire a private or accept an appointed attorney

When to Invoke Your Right to Silence

Police will ask you for basic information, such as your name, address, and date of birth. These are questions you are encouraged to answer, as they will not hurt your case and can demonstrate cooperation with officers. However, if questioning persists, you have the right to remain silent.

You must inform law enforcement that you are invoking your right to remain silent, in which questioning must cease. Simply remaining silent during questioning doesn’t mean you are invoking your right. It is advisable to clearly state you wish to remain silent or wait to consult with a lawyer. If you do not do this, your silence could be used against you as evidence.

If you have been arrested, consult with a San Diego criminal defense lawyer right away. With a sound legal advocate by your side, you can get the advice and guidance you need and ensure that your rights are protected. An attorney will be able to make sure that you only provide law enforcement with necessary information, not anything that could be used against you or hurt your defense.

If you would like to receive more information on defending your rights, contact JD Law office today.