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Houston DWI Lawyer > Blog > Criminal > Why Individuals Have The Right To Remain Silent

Why Individuals Have The Right To Remain Silent


Feeling frightened and overwhelmed during the arrest process is common, but even when you are upset it is crucial to remember that you have legal rights. For instance, one of the fundamental rights you possess when being arrested is the right to remain silent.

Whether an arresting officer failed to read you your Miranda rights or you were told of your rights but are unsure of next steps, connect with a Houston criminal lawyer. Invoking your right to remain silent, requesting an attorney, and complying with lawful orders is part of ensuring your rights are safeguarded. Legal support is available to help you navigate the complexities of the criminal justice system.

Origins of the Right to Remain Silent

A cornerstone of the Fifth Amendment to the US Constitution, the right to remain silent is in place to protect individuals from self-incrimination, this principle serves as a protection to ensure a fair and just legal process.

The concept of being informed of your right to remain silent when in police custody is a result of a landmark 1966 Supreme Court decision. The case was Miranda v. Arizona. Now, Miranda warnings include the right to remain silent, the right to an attorney, and the warning that anything you say can and will be used against you in a court of law.

To protect your rights should you find yourself in police custody, remember a handful of key things.

  • Invoke your right to remain silent. Know that upon a Texas arrest you have the right to remain silent, so you should clearly state that you wish to exercise this right.
  • Request an attorney. Asking for an attorney as soon as possible means you can access legal advice and ensure your rights are protected early in the process.
  • Comply with lawful orders. While politely asserting your rights is essential, it’s also essential to follow lawful orders given by law enforcement officers, meaning you should not resist arrest. Behaving confrontationally could result in additional charges.
  • Gather documents. There will be a lot of details to assess, but if possible take mental notes of particulars, such as the badge numbers of officers involved and any potential witnesses, this information may be valuable in later legal action.

Advocacy and Protecting of Your Rights

A Houston criminal lawyer will fight for your rights at every stage of the legal process. An attorney will work to protect your rights in the aftermath of an arrest and achieve the best possible outcome as your case moves through the judicial process. Talk to a lawyer today about whether getting charges dropped due to a failure to inform you of your right to remain silent or securing a reduced sentence is a possibility for you.

Are you in need of legal guidance following a Texas arrest? Have a conversation with the legal team at Ayson Law Firm. Skilled lawyers provide you guidance and advice so you can make informed decisions. To learn more about your legal options and potential consequences, schedule a free consultation. Contact us today.

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