Exercising Your Right to Remain Silent Before Posting Bail

“You have the right to remain silent; anything you say can and will be used against you in the court of law; you have the right to an attorney; if you cannot afford an attorney, one will be provided for you.” In the situation of an arrest, you might hear or be familiar with these words, which are your Miranda Rights.

There are certain steps the criminal justice system uses to help piece together cases against defendants. The process is complex, but one tactic police use to help prosecution attorneys build a case is attempting to gather information.

Oftentimes in a moment of arrest, panic sets in. Arrestees can become emotional and try to defend themselves, justify, or explain what happened. Our biggest advice here at Lederman is don’t. As tempting as it might be, bite your tongue and wait till you’re in contact with a defense attorney. As the Miranda Rights say, “anything you say can and will be used against you in the court of law.”

Remember that remaining silent does not mean you’re admitting guilt or confessing. Staying silent is just exercising your right and avoiding the possibility of providing information that could potentially incriminate you or be used against you in a court of law. Once you are in contact with your defense lawyer you can communicate with this individual and decide how to move forward, but until then, stay quiet!

Worried you or a loved one could potentially say something self-incriminating? Besides staying silent, removing yourself or a loved one from jail by posting bond could prevent information from slipping during a police interrogation. Learn more about how bail works and our services.