Your right to remain silent applies when you are subject to custodial interrogation. That means, you have to be in police custody and it applies when police are questioning you in an attempt to elicit incriminating responses. Before custodial interrogation, the officer will read you what’s known as your Miranda rights
Your Miranda right means is constitutional right to remain silent, your right to have an attorney present, and your right to have an attorney appointed to you if you cannot afford one.
You have to affirmatively assert your right to remain silent. Staying quiet or saying something like “maybe I should stay silent” or “maybe I should talk to a lawyer” is not enough. That said, be sure that you tell the officer “I want to remain silent” and “I want a lawyer” – nothing more!
The name of the case is Miranda v. Arizona and it was decided in 1966 by the US Supreme Court. According to the Court held that The prosecution may not use statements, when initiated by law enforcement officers after a person is in police custody or deprived of one’s liberty in any significant way.
If you are contacted by the police you should contact a criminal lawyer. Feel free to contact me: Camille Wagner. Thank you.