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24/7/365 Emergency Hotline: 631-348-1702

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24/7/365 Emergency Hotline: 631-348-1702

If you have been arrested, or in case of an emergency, our attorneys can be reached 24 hours a day, 7 days a week, at 631-348-1702.

Protecting Your Right to Remain Silent

Under the Fifth Amendment of the United States Constitution, every U.S. citizen has the fundamental right against self-incrimination (or, as it is more commonly known, the right to remain silent). However, protecting your right to remain silent is not as easy as it sounds, and law enforcement has a number of tricks to convince you to talk even when you do not need to. Here are some important tips you should know about protecting your right to remain silent:

  1. The Fifth Amendment only applies once you are in police custody
    • The Fifth Amendment, sadly, does not protect you from the police if you are not currently in police custody or in the middle of police proceedings. This is because, if you are not in custody, you can presumably just end the conversation and leave if you do not want to talk to the police. Law enforcement will exploit this loophole, however, encouraging people to talk when they are out of custody so they cannot claim a violation of their rights later.
  2. Staying silent is not enough
    • The right to remain silent is not just about refusing to answer questions from the police. You must affirmatively state that you are invoking your rights if you want them to stop trying to interrogate you. If you do not, they will simply keep questioning you and continue putting pressure on you until you either invoke your rights, or you break and start talking.
  3. Take advantage of your Miranda rights
    • While the police must read you your Miranda rights before they can legally begin interrogating you in custody, they are not going to go out of their way to make sure you take advantage of them. They may ask you to waive your Miranda rights, including your right to remain silent, before they interrogate you, but you do not need to comply. Take advantage of your rights, in order to give yourself the best chances at avoiding or minimizing criminal charges.
  4. Just because you are innocent does not mean you are safe
    • Some people are under the misconception that just because they did not commit a crime means it is safe to talk openly to the police. However, this is a naive assumption, as the police do not know who is innocent or guilty, and they are often happy to charge an innocent person with a crime just to say they have solved a case. False charges and false confessions do happen, and invoking your right to remain silent is a good way to avoid the risk of becoming a victim of those horrors.
  5. Contact a lawyer as soon as you can
    • Ultimately, there is only so much you can do on your own. By contacting a lawyer with experience handling criminal defense cases, you can ensure you are represented by someone who knows how to protect you from overreach by law enforcement. Maintain your right to remain silent, contact a lawyer, and you have a much better chance at getting a favorable outcome to your case.

If you or someone you know has been arrested for a criminal offense, you will need legal counsel to help you preserve your rights and work to get the best possible outcome for your matter. A New York criminal defense lawyer, who is experienced in handling criminal cases of all sorts, can advise you of your legal rights and will fight for your best interests in court. If you or your loved one has been arrested, contact the Suffolk County criminal defense attorneys at McGuire, Peláez and Bennett at (631) 348-1702.

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Reviews

They were a big help with a case I had that had been prolonged by NYC. With their help I avoided 8 points & an increase on my insurance. Can't recommend them enough, well worth the money.
Me fue bien. Trabajan muy bien. Son recomendados
Response from the owner:Thank you very much for your positive review, Orlando. We appreciate you coming to us for legal assistance, and hope you consider us if you need any further help.
Mi experiencia con los los Abogados en Mcguirre, Peláez son muy profesionales le recomendaría a mucha de mis amigos hispanos
Response from the owner:Thank you very much for your review, Joel. We are glad we could be of assistance. Please let us know if there are any future legal issues you need help with.
I can’t recommend Brett Bennett — or really, anyone at McGuire, Peláez & Bennett — highly enough. Hiring Brett was hands-down one of the best decisions I’ve made (and trust me, given why I needed a lawyer, I’ve made some questionable ones).

From the start, Brett made the whole process so much less stressful. He’s approachable, sharp, and always available to chat — no legal jargon, no intimidation, just solid, straightforward guidance. My case wasn’t exactly simple, but Brett’s expertise and understanding of the law turned what felt like a mess into a remarkably favorable outcome. Way beyond what I expected.

Also, special shoutout to the receptionist — she was an absolute gem. Every time I called, she was kind, helpful, and somehow managed to make the whole experience feel a little less daunting.

Bottom line: Brett was affordable, worth every penny, and then some. If you’re reading reviews wondering who to trust with your legal headache — take it from me, this is your guy.
Response from the owner:Maeve, we greatly appreciate you leaving your review. We are happy to have been of service, and hope we can help you again if you ever need any assistance with a future legal matter.
Los abogados son expertos en lo que hacen. Me an ayudado anteriormente y hicieron un buen trabajo. Las muchas de frente son muy buena gente.
Response from the owner:Gracias. Thank you Juan.
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