One of the biggest mistakes defendants make during an encounter with the police is failing to exercise their right to remain silent.
The Miranda warnings have been read so many times on television that the general public has forgotten to actually listen to and understand these rights before they continue an interview with the police.
Many times I have reviewed police interviews and heard the following exchange take place:
Officer, “Having been informed of your rights do you fully understand them?”
Defendant, “Yes.”
Officer, “Ok, now tell me, was the pot we found yours?”
Defendant, “Yes.”
In the above situation, a defendant would be wise to state, “I’m sorry officer but I do not wish to answer that question.” Or better, if the defendant were to ask for an attorney, the interview must immediately cease.
When the Miranda rights were first established, it must have been such a surprise to defendants, “Wait, you mean I don’t have to answer these questions? Great!” Now the meaning of the rights has been eroded by television and popular culture that defendants space out and ignore the substance of what the officer is saying.
So please, remember, you actually do have the right to remain silent.