The fifth amendment to the U. S. Constitution provides, in part, that "No person...shall be compelled in any criminal case to be a witness against himself..." This is commonly referred to as a person's "right to remain silent."
However, when a person disregards this right, in most cases, anything that person says can be used against them in a criminal trial. Even the most innocent sounding statement made to a law enforcement officer can have a devastating effect at trial.
It is always instructive to remember there is no penalty that can be imposed for exercising your right to remain silent. The fact that you exercised this right cannot be used against you at trial.
When considering whether to speak to law enforcement authorities, whether informally or after you have been arrested, you should always seek the advice of an attorney that practices in the area of criminal defense.
*****************************Mr. Parker is the former prosecuting attorney of Dent County, Missouri and currently serves as Vice-Chair of the Criminal Law Committee in the Missouri House of Representatives. He is a member of the National Association of Criminal Defense Lawyers, Missouri Association of Criminal Defense Lawyers and the Missouri Association of Trial Attorneys.