Will interrogation stop if you stay quiet?
When you’re being interrogated by the police in Alabama, you may know that you have the legal right to remain silent. They can ask you all of the questions that they want, and you don’t have to say anything. This goes hand-in-hand with your right to an attorney, as you can stay quiet until your attorney gets there and can instruct you on how to proceed.
However, you should know that the police don’t have to stop asking questions just because you’re not saying anything. Plus, even if you keep quiet for a bit and then decide to talk, they can still use the things you say if the case goes to court.
To really utilize your right to remain silent, you have to do more than use it. You have to invoke it. You could simply inform the officers that you are using your rights, and then you can stop speaking to them until your attorney arrives.
Additionally, in most cases, the police have to remind you that you have this right. This is noted when reading you your Miranda rights. This is part of standard arrest procedure.
It’s also important to know that you waive this right by talking and voluntarily telling police the information they’re seeking. Just because they told you about your rights does not mean that everything else you say is off the record, so you could invoke your right, make a voluntary statement and then still see that statement used against you in court.
If you’ve been accused of domestic violence, it’s very important to know how to use your rights.
Source: FindLaw, “Invoking the Right to Remain Silent,” accessed June 26, 2015