Do Not Self Incriminate
Know Your Rights. “You have the right to remain silent” is no joke, and “Anything you say Can and Will be Help Against You.” and You do NOT have to answer any questions after arrest, except for providing identification (name, address). You can—and should—say: “I want to speak with my lawyer” at any time, providing your ID has fulfilled everything you need to do for an officer.
Why Silence is Wise
If you say nothing, then nothing you say can be misconstrued. And what that means is nothing can be held against you. Even when you are completely innocent, talking to police about anything past providing your ID will not help you. Let them do their investigation without any risk of self incrimination by asserting your right to remain silent.
How to Assert Your Rights
- Politely but firmly refuse to answer and request an attorney.
- Don’t volunteer additional information or explanations.
When Police May Continue Questioning, you must stand firm.
- Persistent questioning is allowed unless you have clearly invoked your right to an attorney.
- Once a lawyer is involved, police must stop questioning until it’s re-initiated by your counsel.
Simply Remaining Silent will ALWAYS be your best option. Every Montanan (and American for that matter) has the right to remain silent, and it is a right you should never take for granted, or be quick to forget.
Charged With a Crime in Montana? We’re Here to Help.
If you’ve been charged with a crime—whether a misdemeanor, felony, or federal offense—your future is on the line. At Maldonado Law, PLLC, we bring over a decade of criminal defense experience to every case. We fight hard to protect your rights, minimize penalties, and secure the best outcome possible.
If you’ve been charged with a crime in Montana, you have the constitutional right to legal representation—and you need a defense attorney who will fight for your rights at every stage of the legal process.
