Criminal law: Right to Remain Silent

A person arrested for a criminal offense, including driving offenses such as driving while intoxicated, has certain constitutional and statutory rights.  Among those rights is the right to remain silent.  A law enforcement officer is not required to advise a person of the right to remain silent unless that person is arrested or detained and questioned by the officer.  However, any statement volunteered to an officer can be used against a person in court.  Law enforcement may not question a person once that person has requested to speak with a lawyer unless the person subsequently waives the right to counsel and request to speak with the officer.  Generally, nothing positive is gained from voluntarily speaking with law enforcement. Do not rely upon your friends and non-lawyers for your legal advice.  Contact Scott Hamblin at Brydon, Swearengen & England P.C. if you have been arrested.