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  5. What is the extent of your right to remain silent?

What is the extent of your right to remain silent?

On Behalf of Thomas A. Camp, P.C. | Jul 1, 2022 | Criminal Defense, Uncategorized |

Far too many people have a misunderstanding about their right to remain silent. This means that you could be unintentionally putting yourself at risk of a criminal conviction. You certainly don’t want that. So, what is the full extent of your right to remain silent?

Your Fifth Amendment right against self-incrimination

To start, you have Constitutional protections against self-incrimination under the Fifth Amendment. This means that you never have to talk to the police. You don’t even have to testify in criminal court if the answer to a question could incriminate you.  So, regardless of what the police tell you, silence is always an option.

Your Miranda rights

If you’re subjected to custodial interrogation, meaning that you’re being questioned by the police and they won’t let you leave, then law enforcement is required to inform you of your right to remain silent and your right to an attorney. Remember, though, you always have those rights, even before you get to custodial interrogation.

In your case, though, whether you were being subjected to custodial interrogation and were advised of your Miranda rights can be key. This is because a confession or other harmful statements made in violation of your rights can be suppressed, meaning that you can block the prosecution from using those statements against you.

So, although you should never talk to the police without an attorney present, if you already talked, then you should carefully consider the circumstances of that questioning to determine if you have an opening for your criminal defense.

Protecting your interests during a criminal investigation

Your criminal defense doesn’t start with being charged with a crime. It starts with being approached by the police. With that in mind, you may want to consider securing legal assistance when you start being asked questions about a crime. Fortunately, skilled criminal defense attorneys like those at our firm stand ready to help you.

How can repeat offenders break the cycle and build a new life?

On Behalf of Thomas A. Camp, P.C. | Mar 19, 2025 | Criminal Defense

Breaking free from a cycle of criminal activity takes courage, determination and support. Athens offers various resources to help you turn your life around after your involvement with the justice system. Your past doesn't have to define your future, and many former...

Is it time to talk about a gray divorce?.

On Behalf of Thomas A. Camp, P.C. | Mar 4, 2025 | Divorce

Approaching your spouse about a gray divorce can be a daunting task. As couples age, their relationships may evolve, leading some to consider ending their marriage later in life. If you are contemplating this significant step, it is crucial to approach the...

How can you save time and money in your divorce?

On Behalf of Thomas A. Camp, P.C. | Feb 14, 2025 | Family Law

Divorce can be expensive and time-consuming. If you end up embroiled in a highly contentious divorce, then the process will be dragged out even longer, and the possibility of full-blown litigation will be amplified. But if you’re ready to simply get your divorce over...

Understanding juvenile diversion programs in Georgia

On Behalf of Thomas A. Camp, P.C. | Feb 14, 2025 | Criminal Defense

If your child faces charges for a minor offense, your child might benefit from a juvenile diversion program. These programs offer an alternative to traditional juvenile courts, aiming to rehabilitate rather than punish. Here's what you need to know about getting your...

Are police required to disclose reasons for arrests?

On Behalf of Thomas A. Camp, P.C. | Jan 30, 2025 | Criminal Defense

The moments following an arrest are often fraught with confusion and uncertainty. If this happens to you, you may wonder about the right to know the basis for the arrest. But do the police have an obligation to provide this information upfront? Police officers...

How does the parole process work in Georgia?

On Behalf of Thomas A. Camp, P.C. | Jan 16, 2025 | Criminal Defense

Parole offers inmates a chance to reintegrate into society while serving the remainder of their sentence under supervision. In Georgia, the parole process involves careful consideration of various factors to ensure the community's safety and the parolee's successful...

3 questions to ask yourself before filing for divorce in Georgia

On Behalf of Thomas A. Camp, P.C. | Jan 7, 2025 | Divorce

Divorce is a life-altering event that can leave anyone feeling lost and uncertain. Untangling the life you have built with your spouse can be daunting, and it is natural to feel concerned about what lies ahead. Whether you have already decided to file a divorce or are...

Breaking the news: how to tell your children about the divorce

On Behalf of Thomas A. Camp, P.C. | Dec 19, 2024 | Divorce

Divorce affects the entire family, especially children. Breaking the news to them requires care and sensitivity. Parents must approach this conversation with love and honesty, ensuring their children feel supported during this challenging time. Here are five tips to...

What is probation in Georgia?

On Behalf of Thomas A. Camp, P.C. | Dec 15, 2024 | Criminal Defense

When you are charged with a crime in Georgia and learn that you could receive probation, you may consider this a good option. After all, most people see probation as a better alternative to a jail or prison sentence. However, before you commit to probation, it is...

Should you consider divorce mediation?

On Behalf of Thomas A. Camp, P.C. | Dec 5, 2024 | Divorce

Divorce can be challenging and emotional. While traditional litigation is one option, divorce mediation could be an alternative. What is divorce mediation? Divorce mediation is a process where you and your spouse work with a neutral third party, called a mediator, to...

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Recent Posts

  • How can repeat offenders break the cycle and build a new life?
  • Is it time to talk about a gray divorce?.
  • How can you save time and money in your divorce?
  • Understanding juvenile diversion programs in Georgia
  • Are police required to disclose reasons for arrests?

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