If I am ever in a situation where I am being questioned before being read my rights, should I answer all of the questions or remain silent?
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If I am ever in a situation where I am being questioned before being read my rights, should I answer all of the questions or remain silent?
Hi, Im a high school student and I was reading about this Supreme
Court case from 2013, Salinas v. Texas. I was just a bit confused,
considering the decision seems to be contradictory to me. Before my
rights are read to me, if I decide to remain silent during a
questioning, my silence can be used against me as evidence in court?
That seems exactly like self-incrimination. Is this really something
that can happen? If I am ever in a situation where I am being
questioned before being read my rights, should I answer all of the
questions or remain silent? It seems like both can be used against me.
Asked on February 26, 2018 under Criminal Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You do not need to be read your rights to have your rights: reading your rights is simply to make sure you are aware of them, but if you are already aware of them, you may exercise them without being advised of them. So you may be silent before being told that you may be, and your silence may not be used against you.
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