If a person who is arrested refuses to talk what happens to them?

Question

OK let's say they get arrested and when they are booking them they refuse to say anything. Do they put them in a cell until they talk? What if they refuse to talk for years? Could they die at the police station?

Answer 1

Okay, you are arrested, which means they have probable cause. You have no id, so you won't tell the police who you are. They will book you under a John Doe. They will fingerprint you, and that may tell them who you are. If not, you will still get charged and booked into custody. You will also pick up a charge of impeding an investigation.
If charges are filed, you will go to court and be arraigned. You still are not talking, so a plea of not guilty will be entered against you. You will not get bail, since no one know who you are. You will not get are personal release, same reason. The district attorney will not make you and offer, as they don't know your possible criminal history. The Judge won't give a tentative sentence since the judge won't know who you are. Now this is really fun if you are on a minor type charge, because you in all likelihood would have gotten released.
If it is a felony, they will find out your identity.
Now, at the trial, you can not testify, since you would have to reveal your true identity. You cannot call character witnesses or alibi witnesses since they would have to reveal who you are. The jury will be sure you are hiding something and convict you.
At sentencing, since no one knows who you really are, you will get the maximum allowed by law.
So, all in all, not much, say nothing.

Answer 2

Well thanks to our illustrious Supreme Court in the cases of Hibel v. Nevada and earlier Brown v. Texas you really only have the right to remain totally silent if there is not reasonable suspicion to be talking to you in the first place. Assuming you are arrested there certainly should be probable cause, which is a step above reasonable suspicion, and at that point you must at least give basic identifying information or you can be charged and convicted with a separate crime for obstructing, impeding, disorderly etc... Now, you are walking down the street minding your own business and you have local cops who stop and harass you without any real reasonable suspicion (which is a highly subjective term) then yes you have every right to refuse to identify yourself to them even if you have I.D. on you (do a search for Brown v. Texas - US Supreme Court). If they did have reasonable suspicion though then you might get hit with a disorderly charge or similar. There is some gray area because the court has never clarified if the police have to make you fully aware of why they stopped you or what might happen to them if they are lying about why they stopped you to dupe you into thinking they have reasonable suspicion. There should be consequences if they lie but it does not look like there really are. But certainly once in custody you do not have any right to not identify yourself and will only make life much harder on yourself. Be honest about who you are and demand an attorney for questions beond that.

Answer 3

I work at a jail in AZ and to my understanding if the person getting booked in doesn't give their info they get booked in as a John or Jane Doe until they go to video court. The judge asks for their name and if they don't give it....they stay until next court where they are asked again. Your not released until you give your info. They also get added charges for refusing to give up who they are. When they do decide to give their name then a name change has to be done so that adds a couple hours onto the time it takes for them to get out if their being released. I saw a bond that would have taken 20 minutes take almost 4 hours because the guy wouldn't give his name until he got to court. He could have saved himself alot of time if he had done so when he was getting booked. Also they fingerprint you and run that so if you are in the system they probably know who you are so your just wasting your time not giving up your name. Probably differs from state to state or county to county maybe but all in all just adds extra hassle to an already stressful situation.

Answer 4

Depends on what they refuse to talk about.

If they refuse to discuss their involvement in the crime, no problem. They will get charged with what they got arrested for and processed normally.

If they refuse to talk AT ALL and won't even give their name and address. They may be held without bond (or a really high bond) as a flight risk.

Your right to remain silent pertains to details of the crime, you still need to provide your basic information. Not to mention the medical questions they ask you are so they can provide for you.

Answer 5

Depends on what you mean by 'refuse to talk'. If we have an ID on you, you don't have to say anything but the most basic of information. The jailer will ask you certain things that are asked of every person that's arrested, like existing medical conditions, people in jail you need to be separated from, etc. It would be in the person's best interest to answer these questions.

Answer 6

If the officer incredibly feels you are able to no longer communicate English, you would be detained and an interpreter could be referred to as. I incredibly have a card on the visor of my squad with a toll unfastened huge sort. they'd furnish an interpreter for any language, If the officer feels you're in basic terms refusing to speak English, you would be taken to the penal complex and booked. in case you refuse to speak, you will take a seat in a protecting cellular until eventually you alter your strategies. I doubt that would take too long.

Answer 7

The military says "name, rank, and serial number". When dealing with the police you must give your correct name and identification. Other than that, reply only "respectfully, the 5th and 6th amendments to the constitution give me the right not to speak to you without my attorney present". You will be held for the max hours your state allows without a prelim hearing most likely, because you've made them mad. But don't give in - don't talk without the attorney.

Answer 8

Your question appears to refer to remaining totally silent. In other words to say absolutely nothing. It is illegal in every state to fail to properly identify yourself to the police. Aside from whatever original charge you were arrested on, you would likely be held for failing to identify yourself. If it were possible to remain totally silent and eventually be set free, don't you think every criminal would do it? On your arraignment, if you continue to refuse to talk, you would likely be appointed an attorney and referred to a psychiatric evaluation. Assuming you were able to remain silent to this point your case outcome likely would depend on the judge. Failing to answer charges brought against you is, by default, an answer. You would likely be convicted of whatever charges had been brought against you and sentenced according to your state's sentencing guidelines. You would certainly be allowed to remain silent in prison while you were serving whatever sentence you received.
In summary, default assumptions are made about the person who refuses to speak in his/her own defense. It is in your best interest to defend yourself, especially in court.

Answer 9

They have a constitutional right not to talk. They also have the right to speak to an attorney and to be brought before a judge to hear the specific charges against them.

Answer 10

In booking? Yes, you need to give your personal info in order to be booked in. For questioning, NO you don't have to say anything.