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SHUT THE F*** UP: It’s as Simple As That

  • Writer: Camille Wagner
    Camille Wagner
  • Aug 1
  • 3 min read
Miranda Warning

You’ve heard it and you’ve seen it. Probably on countless posts or t-shirts. But when it comes to dealing with police or prosecutors, this advice is more than just a joke; it’s survival. I cannot tell you how many times clients, guilty and innocent, have found themselves in riskier waters because they fail to invoke their right to remain silent (Miranda rights). This includes asking questions, making claims of innocence, and even statements of confusion.


Your Fifth Amendment Right is Real. Use it!

  • You have the right to remain silent. It’s not just an iconic TV line from your favorite crime show; it’s federal law.

  • Whatever information you provide to cops, even the tiniest of details, can and will be used against you.

  • Cops are trained to make you speak. They utilize all sorts of manipulation tactics, whether it’s good cop - bad cop, creating excuses, or making false promises, to get you to open up. You have to realize that their goal is not to help you, but to close their case.

  • Even if the government does not explain your Miranda rights to you, what you say can and will be used against you. For more information on this, check out this post.


Common Mistakes People Make

  • Trying to explain your way out of things - As soon as you start building a story, law enforcement will poke any and all holes into it. Innocent or guilty, this often only makes things worse.

  • The investigators are "on your side" - Don’t be fooled by police or prosecution. Officers might offer explanations or sympathize with you to get you to confess. They might say things like “maybe you were angry,” or “I’m on your side here.” Do not let their words fool you. They are not on your side.

  • "You are innocent, so you have nothing to hide" - Law enforcement will never believe a potential suspect on words alone. Even if you cooperate, they will still not be on your side. Your best bet is to ASK FOR YOUR LAWYER and refuse to answer any further questions.

  • Notion that asking for a lawyer is an admission of guilt - That’s a common misconception, often pushed by law enforcement hoping you’ll talk without protection. But it’s completely false. Your Sixth Amendment guarantees your right to a lawyer. Asking for legal counsel isn’t suspicious; it’s smart. It’s a way to protect yourself, it is not a sign that you’ve done something wrong. A lawyer can help you understand your rights, prevent you from being manipulated, and even prove your innocence. When you waive that right, the only people you’re helping are the police and prosecutors. The person you hurt—is you.


Pro-tip: You don’t need to lie. Just say:

“I want a Lawyer and I’m invoking my Fifth Amendment Right to remain silent”


Say nothing else. Not to the police. Not to friends or family. Not over the phone. Not on social media. DO NOT SPEAK unless it is to your attorney, who is here to protect you and with whom you are protected by the attorney-client privilege.

 

At the end of the day, it’s not about being rude or unhelpful to police and prosecutors, it’s about being smart. The government’s job is to get you talking and your job is to shut up. If you are going to follow only one piece of legal advice, it should be to ask for a lawyer and then SHUT THE F*** UP!


At Wagner, PLLC, we are here to represent you and protect your constitutional rights.

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