Remaining silent means you have the right to shut your mouth during an arrest. It means you cannot be compelled to give a statement if you are arrested and in police custody with no lawyer present. While this has been law since 1966, it applies more often than many know because of increased pressure on officers.
This right applies to anyone under arrest whose freedom of movement has been restrained. So if you voluntarily get into a police car after an officer asks you to go there, you still have the right to remain silent under this law.
The Right To Remain Silent After An Arrest
It is important to know that this law does not cover anything you say before the arrest. It only covers what you say once an officer has made an arrest. Therefore, if you are being arrested and tell the officer that you did commit a crime, it can be used against you in court.
Anything you say after an arrest can haunt you in court. However, getting an experienced criminal lawyer Adelaide is always an option to handle your case professionally.
Right Time For Police To Advice Right to Remain Silent
Police must advise you that you can remain silent during an arrest. They must give this advice before they begin asking questions. If a person is arrested and questioned, it can hurt them in court because the officer didn’t give them the proper notification. The law states that there must be an unambiguous warning about the right to remain silent.
Who Needs to Be Present During Questioning?
During any questioning, you have the right to have your attorney present if you want one. It is your right to have an attorney present during questioning. If the officer believes you might be confused, they can tell you that it is your right to speak with an attorney. A criminal attorney from Mangan Ey will help you analyze your case and take the best possible step for your immediate release.
An officer must not make a defendant feel uncomfortable or cause them any kind of discomfort. It is also against the law for an officer to use any kind of pressure tactic on a person to get them to incriminate themselves during questioning.
The Right To Be Silent After An Arrest
An arrest is a heavy-duty occurrence. You are being held by police officers who have the power to detain you and keep you in police custody until they finish their investigation. If you are arrested and taken into custody, it is important to know that you have the right to remain silent under this law.
You can say nothing without your attorney present during questioning if the police don’t advise you of this right beforehand. It is your right not to incriminate yourself when an officer questions you after an arrest has been made.
The police must make the right to remain silent law clear to you. They must tell you that you can remain silent if they ask questions during an arrest. The police must ensure they warn you before any questioning begins, or else they will be violating the law. In case you are treated badly by the police officers, then you can also file a complaint with the help of a criminal defence attorney.