Preventing Self-Incrimination: The Right to Remain Silent
If you watch police or true-crime movies or TV shows, you may have heard the phrase, “The Right to Remain Silent” several times. However, the rights that this statement represents are not always well understood. There are basic due process rights afforded to all citizens of the USA, including defendants in criminal cases. The right to remain silent is no doubt one of the most fundamental rights provided to all Americans under the U.S. Constitution.
To help people gain a better understanding of how to invoke one’s right to remain silent and to protect their fundamental rights, in this blog, Nagra Law Firm P.C. will share detailed insights. Nagra Law Firm P.C. is owned by Akaash Nagra, Attorney-at-Law, who is a former prosecutor and one of the top criminal defense attorneys in Northern California.
Is the Right to Remain Silent Available During Police Investigation and Interrogation?
The answer is that in the United States, yes, the right to remain silent is an absolute right that can be invoked at any time during a police interrogation or investigation. What this means, to put it simply, is that you are never required to make a statement to the police. If you do begin to make a statement to the police, you can stop at any time by invoking your right to remain silent.
If the police interrogate you while you are in their custody, any statement you make is automatically inadmissible at trial, unless you first waived your right to remain silent, under Miranda v. Arizona (1966) 384 U.S. 436. This is because under the Fifth Amendment, everybody has the right to remain silent, and no person can be forced to give testimony that could incriminate them. In Miranda v. Arizona, the Supreme Court of the United States interpreted the Fifth Amendment and issued a groundbreaking legal ruling. Miranda made it the law of the land that law enforcement officials, such as police officers, must affirmatively advise criminal suspects of their right to remain silent and their right to an attorney during interrogations while in police custody. Otherwise, the suspect statements thereby obtained are automatically inadmissible at trial.
The 1966 Supreme Court decision of Miranda v. Arizona made giving so-called “Miranda warnings” routine police procedure. New police officers are now often given cards with Miranda warnings written out on them, so that they can easily and reliably read them to suspects without having to remember them off-hand. Miranda warnings typically include your right to remain silent, your right to have an attorney present free of charge throughout questioning, and the fact that anything you say can and will be used against you later on in court. The point of the Miranda warnings is to advise suspects of their rights, which they may otherwise be unaware of, and to force police to cease interrogation once a person has invoked their right to an attorney. Once a person has invoked their right to an attorney, any statements made afterward are not admissible in court. The police are obligated to inform a person about their Miranda rights only before a custodial interrogation.
Does a Criminal Defendant Have a Right to Remain Silent at Trial?
According to the Fifth Amendment of the United States Constitution, everybody has the right not to incriminate themselves. This includes a right not to be called as a witness against oneself by the prosecution. In other words, a criminal defendant cannot be forced to testify during a trial. Additionally, if a defendant chooses not to testify at trial, the prosecution may not mention the fact that the defendant has not testified during their arguments or questioning. This is because courts have held that this would undermine the right to remain silent at trial, as the jury could then infer that the defendant’s silence is in some way indicative of guilt. The jury may not consider as evidence the fact that the defendant has invoked their right to remain silent. The judge should instruct the jury that they cannot use the fact that the defendant did not testify or provide a statement as evidence that he or she is guilty.
On the other hand, a criminal defendant does have the absolute right to testify at trial if they wish to. It is the sole discretion of the defendant whether or not to testify at trial. They cannot be forced to testify, but they also cannot be forced not to testify if they want to do so. If a defendant chooses to remain silent, the prosecutor may not comment on it.
Thus, we can safely say that the right to remain silent during a trial can be invoked by any defendant in any criminal case. However, it is generally recommended to hire a skilled criminal defense lawyer first, such as Akaash Nagra of Nagra Law Firm P.C. With their counsel, decide on the best strategy to defend your case in court.
Who has Immunity from Incrimination?
Protection against self-incrimination is available to all citizens of the United States of America under the Fifth Amendment of the Constitution. In simple terms, an experienced defense attorney will explain to you that any person, whether a private citizen, a public official, or a witness, has the right to refuse to answer any question or give testimony that could incriminate them.
There are a few exceptions and limitations to this protection that apply when a witness other than the defendant is called to the witness stand. They are categorized as transactional immunity and limited or “use” immunity, respectively.
Transactional Immunity
In transactional immunity, the court or the prosecution may offer a witness total immunity from subsequent criminal prosecution relating to the subject matter or offense about which they testified.
Limited or “Use” Immunity
When prosecutors grant limited immunity (or “use” immunity) to an individual, it only protects the individual from the use of their testimony or evidence derived from that testimony in a subsequent prosecution. The individual may still be prosecuted if the prosecutor is able to find evidence independent of the witness’s testimony that substantiates that a crime has occurred. In Kastigar v. United States (1972) 406 U.S. 441, the Unites States Supreme Court held that “use” immunity is sufficient for the prosecution to then compel testimony from an otherwise unwilling witness.
Public officials, including government employees, may be required to give testimony before a court or before a legislative body. Public officials and government employees may invoke their Fifth Amendment rights to remain silent and to not incriminate oneself if the testimony they would be giving would be self-incriminating. They may also be granted immunity from prosecution, like other witnesses.
What is a Failure to Invoke the Right to Silence?
Many people are not aware of the various constitutional rights that U.S. citizens have. Therefore, it is no surprise that people do not always exercise their rights, even when they should. Being armed with knowledge is the best way to ensure that you can get the full benefit of your constitutional rights.
If an individual willingly provides a statement to police while they are not in police custody, that can be considered a waiver of their right to remain silent, even though Miranda warnings were never read to them. Therefore, it is extremely important for you to remain silent and not provide a statement to the police from the very beginning of an investigation. Do not wait for the police officer to read you your Miranda rights, as it may already be too late by that point if you already provided a statement while you were not in custody.
If you are in custody and are read your Miranda rights but you do not explicitly invoke them, this can also be deemed a failure to invoke the Fifth Amendment right to remain silent.
This failure may occur for various reasons, including pressure from law enforcement, confusion, fear, or a lack of awareness of one’s rights. That is why it is advised for all individuals who are facing trial or are summoned by the police or any law enforcement authority to hire an experienced criminal defense lawyer, such as Mr. Nagra. As your attorney and advocate, he not only protects your rights and makes you aware of them, but he also forms a strong defense strategy for you based on the evidence that is available.
What Happens When an Individual Fails to Invoke Their Right to Remain Silent?
Criminal defense attorneys explain that when an individual fails to invoke their rights under the Fifth Amendment, including the right to remain silent, their statement(s) may be used against them in court. Individuals who wish to remain silent during court proceedings, trials, and while being interrogated by police may greatly benefit from hiring a skilled criminal defense lawyer who is experienced in handling jury trials, such as Mr. Nagra.
Limitations of the Fifth Amendment
All citizens of the United States of America, including public officials and government employees, have the right to remain silent and not incriminate themselves under the Fifth Amendment of the Constitution. However, the privilege to remain silent is often limited to testimony. Defendants may in some circumstances be compelled to provide hair samples, blood samples, or other bodily fluids. In certain limited situations, it is possible that they could be required to provide samples of their handwriting or, in some cases, disclose information about the combination of a safe or the location of a bank account. These matters may be considered to fall under the law of search and seizure rather than under the ambit of the laws that govern self-incrimination.
When To Contact Nagra Law Firm P.C.?
Mr. Nagra, an experienced criminal defense lawyer based in Sacramento, California, suggests that you seek experienced counsel from a skilled trial lawyer at all stages of your criminal case. Whether you just received a summons or warrant in the mail, or if your case is already barreling toward a jury trial, you will greatly benefit by consulting with a professional criminal defense lawyer who is committed to protecting your rights.