The Fifth Amendment right against self-incrimination is a freedom essential to our Constitution. It protects a suspect’s right from being compelled to give statements or testimony that could in fact incriminate them. This triggers Miranda v. Arizona, which is a case from the Supreme Court of the United States that requires police officers, during a custodial interrogation, to advise the accused of their rights. Such rights include:

1. The right to remain silent;
2. Anything the accused says can and will be used against them in a court of law;
3. The right to an attorney; and
4. The right to have an attorney appointed by the court if one cannot afford an attorney.

If these rights were not given to the accused, and the statement given to the police by that individual was not spontaneous and voluntary, then the statement could not be used against them by the prosecution at trial. However, if a police officer lawfully read the suspect their Miranda rights, and they decided to voluntarily speak to that officer about the events in question, whatever statements made by the accused to the police could and likely would be used against them at trial.

In order for an individual to waive their Miranda rights, they must have been read the rights stated above, understood those rights, as well as the consequences of those rights, and then decided to speak to law enforcement about the incident in question.

Under Georgia law, once a suspect has waived their Miranda rights and begins speaking to law enforcement, they can later decide to invoke their rights at any time during police questioning. That means that after a suspect has decided to voluntarily speak to police, they can then decide that they want to stay silent and invoke their right to an attorney. To do this, the accused must be clear and adamant about wanting to end questioning or requesting a lawyer. If they tell the police that they are done speaking to them or that they want a lawyer, law enforcement must stop interrogating them immediately.

If the accused is not clear about their wishes to stop questioning, police can continue to question them until it is made clear that they want interrogation to cease or that they want to speak to an attorney. Even if the accused has refused to answer certain questions posed by police, this will not stop any questioning by an officer. In order to protect one’s Fifth Amendment rights, they must make it abundantly clear that they no longer want to speak to police or that they request a lawyer. Law enforcement must stop questioning an individual at this time.

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Being questioned by law enforcement can be a stressful event in anyone’s life and it is always recommended to speak to an attorney before that occurs. At the Law Offices of W. Scott Smith, our lawyers are trained to know every aspect of your constitutional rights. We are also experienced with police interrogations and investigations and are trained to protect our clients’ rights throughout this process. If you or a loved one has been interrogated by police or has been contacted to schedule a police interview, please call our office today at 404-581-0999 for a free consultation.