Lara Bracamonte Davila

Doing What Is Right For You

If police ask me questions at a traffic stop, do I have to talk?

On Behalf of | Oct 22, 2020 | Uncategorized

Being pulled over by police in Texas can be intimidating, and this intimidation is only amplified if the police start asking you questions, especially questions about the crime they suspect you of committing. However, in the U.S., under circumstances you have the right to remain silent in such situations.

Your right to remain silent

If you are pulled over by police, you must be informed of your Miranda rights. One of these rights is the right to remain silent. As long as you understand this right and clearly state you do not want to talk or otherwise clearly invoke this right, police must stop questioning you.

If the police continue to try to interrogate you after you invoke your Miranda rights, anything you might say cannot be used as evidence against you. Keep in mind, however, that if you voluntarily talk without invoking your Miranda rights, as long as you were read your Miranda rights and understood them, these statements can be used against you.

How can you invoke your Miranda rights?

There are a variety of ways you can invoke your Miranda rights. You can:

  • Clearly state you want to remain silent;
  • Clearly state you will only talk with your attorney; or
  • You want to speak to your attorney before answering any questions

Under U.S. law, as long as a reasonable police officer, in such situations, would understand you are invoking your Miranda rights and want to speak to an attorney, the invocation will suffice.

Attorneys can provide more information on your Miranda rights

This post only contains a general overview of your right to remain silent under U.S. law. It does not contain legal advice. Those in the Rockwall area who have more questions about this right and how it applies to them may want to speak with a criminal defense attorney.