First and foremost, you do not have to wait for an arrest to occur to invoke your right to remain silent under the 5th Amendment to the United States Constitution. Many people are under the impression their 5th Amendment Right against Self-Incrimination is not triggered until they have been given their Miranda Warnings:
…The person in custody must, prior to interrogation, be clearly informed that he/she has the right to remain silent, and that anything the person says will be used against that person in court; the person must be clearly informed that he/she has the right to consult with an attorney and to have that attorney present during questioning, and that, if he/she is indigent, an attorney will be provided at no cost to represent him/her.
Getting back to the point of this post, you should not wait until the police read your Miranda warnings before you invoke your right to remain silent. If law enforcement is targeting you as a suspect in a case, you should invoke your rights immediately. You should also discuss your case with a criminal defense attorney immediately so they can advise you on how to proceed with your case.
Why should you talk to an attorney? Where do I start? For starters, “false confessions” are real and happen. Often times, the interrogation is not recorded. Misquotes can occur. Statements can be taken out of context. Voice inflection does not come across in a police report. A police report, mind you, compiled after the interrogation is over and worded almost exclusively by the police officer who conducted the interrogation. Not to mention, the police report is usually compiled hours after the interview is over. Bottom line, with your liberty at stake, you are leaving too much discretion to law enforcement. Why would you want to put yourself in that situation? Why would you want to give law enforcement that much power.
The 5th Amendment is a bona fide right. Use it. And consult with an attorney before its too late.
