It can be intimidating to speak with law enforcement, whether it is during a simple encounter while in public or during formal questioning. Regardless of why you are speaking with New Mexico law enforcement, it is important to know your rights and understand what you can do to protect yourself. One of the rights you have is the right to remain silent, also called Miranda rights or Miranda warnings.
You probably know that you have the right to remain silent, but it is helpful to understand when that applies and what you can do in the event that right is violated. Regardless of why law enforcement suspects you of a crime or the nature of the charges against you, it is important that police and others acknowledge and respect your rights. If you believe that you experienced a violation of your rights, it could compromise the prosecution’s case against you or the admissibility of anything you say to police.
The 5th Amendment to the U.S. Constitution
The government grants your right to remain silent to you through the 5th Amendment of the U.S. Constitution. Specifically, this law provides you protection against self-incrimination when speaking with law enforcement. In 1966, it was the law that police must inform a suspect of his or her right to remain silent. They must provide an explanation of this right when taking a suspect into custody. This includes the right to remain silent and the knowledge that anything said by the suspect could be used against him or her by the prosecution.
Police must inform you of your Miranda rights before they begin questioning you. You may choose not to answer any questions during interrogation. Your 5th Amendment rights also include the right to have an attorney present when the police question you. While you do not have to say anything to invoke this right, you may tell the police that you are choosing to remain silent and that you would like legal representation.
Fighting criminal charges
Facing criminal charges or questioning by law enforcement can be intimidating, especially if you believe you could face charges for a crime. It is in your interests to be familiar with your rights and seek defense support as soon as possible after an arrest. You have the right to fight back against any charges you are facing and to defend your interests when undergoing questioning.