We always hear the phrase, “You have the right to remain silent” on TV, but there are always news stories and true crime dramas about people who confess to crimes – sometimes even to crimes they didn’t commit. When it comes to police interrogations, there are a lot of pressures that push people into saying things they don’t want to say, but your rights are clear.
During a police interrogation, your right to remain silent means you can refuse to answer any and all questions. You can protect your rights during an interrogation by invoking your right to remain silent and your right to an attorney. These rules allow you to refuse to answer any questions they ask you except for basic biographical questions taken during intake at a jail.
For help with your criminal case, call our Salt Lake City criminal defense lawyers right away at Overson Law at (801) 758-2287.
Does the Right to Remain Silent Let You Refuse to Answer Police Questions in Utah?
The 5th Amendment to the U.S. Constitution prevents anyone from being forced to testify against themselves. This is taken to mean that you have the right to remain silent or refuse to answer questions from the government in most situations. During a police interrogation, this rule allows you to completely refuse virtually all questions from the police. The main exception to this would be that you might be required to give ID or answer basic biographical questions about your name and address when you are arrested.
Should I Remain Silent During an Interrogation with the Police in Utah
Our Sandy, UT criminal defense lawyers – and most defense lawyers – recommend never answering questions. It can sometimes be scary to say no to a police officer, and they often use different tactics to pressure you into talking with them and giving them the information they want. However, simply invoking your right to remain silent – along with your right to an attorney – should stop questioning during an interrogation.
However, this rule only applies in full to “custodial interrogations.” On TV shows and in movies, there is a stereotype of police reading people their rights when they arrest them, but this is not typical. Police only have to read you your rights when you are being interrogated while in custody. This usually does not apply to situations where you have not been arrested yet or where you are meeting with an officer voluntarily somewhere other than an interrogation room.
When you activate your right to remain silent during a custodial interrogation, all questioning is supposed to stop on this subject. When you activate your right to an attorney, all questions should stop until your attorney is present.
If you are not in custody, police might still be able to keep asking you questions and badgering you. For example, if you are pulled over while driving and you tell the police you do not want to answer any questions, they might say something like, “Do you really think that’s a good idea right now?” or otherwise pressure you into continuing, and that is legal.
Can The Police Use Your Silence Against You in Utah?
If you invoke your right to remain silent and refuse to answer questions, police might see that as being uncooperative. The police might give you a hard time or mistreat you because you did this. Proving that what they did is illegal or a violation of your rights might be an uphill battle, and lawsuits against police often end with them having qualified immunity that blocks your right to recovery. However, many police are professionals and will respect your rights when you invoke them.
As for the legal side of things, prosecutors and police cannot use your silence against you in court in most cases. More specifically, if you invoked your right to remain silent during a custodial interrogation, the prosecution cannot ask about that or bring it up in court. However, there might not be restrictions on their ability to bring up your silence if you were not in custody or if you do not affirmatively tell someone you want to invoke your right to remain silent.
Strangely enough, your right to remain silent has to be activated by you speaking out loud and telling the police that you want to remain silent. If you do not affirmatively invoke your right, the police can ignore the fact that you are remaining silent and keep asking you questions until you actually tell them you do not want to answer.
What Questions Can I Refuse from Police in Utah?
Because your right to remain silent reaches beyond arrests all the way to court cases and essentially prevents you from having to answer questions anytime, anywhere, you can refuse to answer essentially all questions from police. The following are some common questions police might ask you that you do not have to answer:
- Where are you coming from/going to?
- Do you know how fast you were going?
- Do you know why I pulled you over?
- Have you had anything to drink tonight?
- Did you do it? (regarding questions about crimes)
- Do you know what this is? (regarding questions about evidence)
- Do you know this person? (regarding questions about alleged accomplices or victims)
Many of these questions are asked during traffic stops or other “Terry stops” to gather enough information to support an arrest. Others are asked during custodial interrogations to try to gather enough evidence to support a conviction. In either case, answering these questions can only help provide the police with more information about the crime you might or might not have committed.
How to Refuse to Answer Police Questions in Utah
Generally, when you do not want to answer questions, you have to tell the police. Otherwise, your right to remain silent is not activated. When you do so, be polite. Simply inform the officers that your lawyer has advised you not to answer any questions without an attorney present. This will help shift the blame for this denial to your lawyer instead of you, but it is also a polite way to protect both your right to remain silent and your right to an attorney.
Call Our Utah Criminal Defense Lawyers Today
To discuss using our Provo, UT criminal defense lawyers for your case, call Overson Law at (801) 758-2287 today.
