it is part of your Miranda rights. It's what they read to you when you are being arrested. Basically it means that if you say anything to the arresting officer admitting guilt, they can use it against you when you go to trial.
you have the right to remain silent,
if you refuse this right, anything you say
can and will be used against you in a court of law
you have the right to an attorney
if you cannot afford one, one will be provided for you
do you understand these rights as I have read them to you?
http://en.wikipedia.org/wiki/Miranda_warning#Miranda_rights
2007-02-04 11:10:34
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answer #1
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answered by Anonymous
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You're speaking of the Miranda Rights/Warning. These are rights that must be read (recited) to you upon arrest, so that you can be informed about what you can expect, what you can do, and what you can NOT do according to law. They do NOT have to be read to you if they are asking you to come in for questioning, and you can only be held in the station/jail if they've arrested you for something. If you're just in for questioning, and you want a lawyer present, you're free to have one there, but it will not be appointed to you by the courts.
"You have the right to remain silent. Anything you say can, and will, be used against you in a court of law. You have the right to an attorney. If you can not afford one, one will be provided for you."
Some departments add this line: "We have no way of giving you a lawyer, but one will be appointed for you, if you wish, if and when you go to court." (these would be in Indiana, New Jersey, Nevada, Oklahoma, and Alaska)
California, Texas, New York, Illinois, North Carolina, Pennsylvania, and Florida also ask: "Do you understand the rights I have just read to you? With these rights in mind, do you wish to speak to me?"
These statements and questions are given to protect you from breaking the Fifth Amendment ("Pleading the Fifth" as said on TV shows) which allows you the right to say nothing if your words would cause you to be found guilty. When they say "You have the right to remain silent", that means that you DON'T have to say anything to the police except "I want a lawyer". With so many shows that portray corrupt policemen, this is usually used by people in those shows to keep from having their words twisted and used against them.
I would always advise taking that right to heart. ESPECIALLY if you did nothing wrong. In America, you are innocent until proven (beyond a reasonable doubt) guilty, so saying nothing except to a lawyer buys officers time to find a REAL culprit, too.
Another thing to note: if you do not ASK for an attorney, anything you say can later be used AGAINST you. An attorney, even state appointed, can advise you when it would be best to talk, and when it would be better not to say anything that would incriminate you.
2007-02-04 19:16:11
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answer #2
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answered by jlene18 3
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It means you have the right not to say anything incriminating against yourself that the Prosecutor would use against you in a court of law.
2007-02-04 19:09:02
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answer #4
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answered by Living In Korea 7
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In shorter terms; You have the right to not answer any questions or say anything to the officer whom arrested you or any authority figure for that matter.
2007-02-04 19:14:00
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answer #5
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answered by D.O... 3
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