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Exercising the Right to Remain to Silent Can be Crucial

By Baker Associates

The right to remain silent is one of the most notable, useful, and important rights guaranteed to United States citizens via the Constitution. If you have ever watched even five minutes of any show featuring law enforcement, you have more than likely heard this right alluded to in a Miranda warning. However, one doesn?t have to be under arrest in order to exercise this right. In fact, one can use it to avoid giving any information that isn?t extremely basic, like what your name is, e.g., depending on the circumstances. This right, when asserted, allows the defendant to avoid giving incriminating information to the authorities, or at least avoid speaking to law enforcement before he is afforded the opportunity to speak to an attorney. In some situations, the failure to remain silent can have disastrous consequences...continue to full post

Full post as published by Tennessee Criminal Lawyer Blog on March 23, 2010 (boomark / email).