Lawyer David Serna: What is the Constitutional Right to Remain Silent?
Although the statement “ right to remain silent ” is famous on police television shows and movies, lawyer David Serna believes that not many fully understand their right that the saying represents. He also believes that as one of the constitutional rights, people need to know and completely understand what this right means to them, especially when the state accuses them of a crime. What is the constitutional right to remain silent? An individual, under the Fifth Amendment to the US Constitution, has guaranteed protection against being compelled by law enforcement officers to give testimony that could incriminate them. However, criminal defense lawyer David Serna reminds the defense that the right to remain silent does not apply at all times. Are there exceptions to this rule? There is no simple answer to whether an individual should talk to the police and answer their questions. But lawyer David Serna suggests that civilians should always remember the general r...