Close X

What if I remain silent during police interrogation?

Your Miranda right to counsel must be invoked “unambiguously.” See Davis United States, 512 US 452.  You must not be ambiguous about invoking your Miranda rights.  If you make an “ambiguous or equivocal” statement or no statement, the police are not required to end the interrogation or ask questions to clarify your intent.  You must tell the police that you want to remain silent or that you do not wish to speak to them without the presence of an attorney.  You must then shut your mouth.  If you later open your mouth and start talking then the court may say that you waived your right to remain silent when you “knowingly and voluntarily” made a statement to police.

Get the legal help you deserve.

At the Law Office Bryan Hutchinson, PLLC, we focus on personal injury, divorce, and probate and estate administration. We are dedicated advocates, committed to protecting your rights with vigor and understanding. Our approach combines zealous advocacy with a deep concern for your unique situation, ensuring that your case is handled with both determination and care."

Contact us today

The Law Office Bryan Hutchinson, PLLC is committed to answering your questions about personal injury, divorce, and probate and estate administration issues in New York. We offer free personal injury consultations and we'll gladly discuss your case with you at your convenience. Contact us today to schedule an appointment.

Law Office of Bryan J. Hutchinson, PLLC
Mon: 09:00am - 05:00pm
Tue: 09:00am - 05:00pm
Wed: 09:00am - 05:00pm
Thu: 09:00am - 05:00pm
Fri: 09:00am - 05:00pm