{"id":352363,"date":"2023-10-01T22:27:14","date_gmt":"2023-10-02T03:27:14","guid":{"rendered":"https:\/\/ability-fl-prod.internetbrands.com\/ability-law\/criminal\/criminal-rights\/invoking-the-right-to-remain-silent.html"},"modified":"2026-06-30T13:20:33","modified_gmt":"2026-06-30T18:20:33","slug":"invoking-the-right-to-remain-silent","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/criminal\/criminal-rights\/invoking-the-right-to-remain-silent.html","title":{"rendered":"Invoking the Right To Remain Silent"},"content":{"rendered":"\n
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Invoking the Right To Remain Silent<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Laura Temme, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Key Takeaways<\/h2>\n

Invoking the right to remain silent<\/span> requires clearly and unequivocally stating your intention to exercise this Fifth Amendment<\/span> protection against self-incrimination<\/span>. Simply staying quiet is not enough. You must explicitly tell law enforcement<\/span> that you are invoking your right to remain silent<\/span>. Once properly invoked, police must immediately stop questioning you.<\/p>\n\n <\/div>\n <\/div>\n<\/div>\n\n\n

To invoke your right to remain silent<\/span>, you must clearly and unequivocally state your intention to do so. Simply remaining silent is not enough to stop police interrogation<\/span>. Explicitly stating your desire to remain silent protects your\u00a0Fifth Amendment<\/span> rights<\/span>\u00a0during police questioning<\/span>.<\/p>\n

Miranda<\/span><\/em> rights<\/span> (also known as Miranda<\/span><\/em> warnings<\/span>) inform a criminal suspect of two fundamental rights:<\/p>\n