During a traffic stop, a driver tells the officer he will take the test and will be completely sober, then says, “I’m going to remain silent at this point.” Attorney Zachary Divelbiss explains why that one sentence matters so much, and why you do not have to wait to hear your Miranda rights before you use them.
Facing charges in Arizona? Free consultation: 602-932-7890 |
Attorney Zachary Divelbiss, founder of Future First Criminal Law in Phoenix, Arizona, reacts to a traffic stop clip where the driver invokes his right to remain silent. Zach points out something most people never hear outside of law school. You do not need an officer to read you the Miranda warnings before you invoke your right to remain silent, and officers in Arizona do not have to give the Miranda warnings except in unique situations. He walks through the exact words to use, and the step most people miss. Once you say you want to remain silent, you have to actually stop talking.
FREQUENTLY ASKED QUESTIONS
Do I have to wait for the police to read me my Miranda rights before I stay silent?
No. In this video, Zach explains that you do not have to wait to be read your Miranda rights in order to invoke your right to remain silent. You can invoke it on your own.
Do officers in Arizona always have to read the Miranda warnings during a stop?
According to Zach in this video, officers in Arizona do not have to give the Miranda warnings unless it is a very unique situation. That is why waiting for them can leave you talking when you did not need to.
What should I say to invoke my right to remain silent?
Zach calls them the magic words. Tell the officer: I do not want to say anything else, I want to remain silent, and I want a lawyer.
What happens if I keep talking after I say I want to remain silent?
Zach’s point is simple. After you say you want to remain silent, you have to actually remain silent. You cannot invoke the right and then keep going on and talking.
TIMESTAMPS
0:00 – opening
0:05 – Driver says he will remain silent
0:07 – Why saying it was the right move
0:11 – You do not have to wait for Miranda
0:20 – What they do not tell everybody
0:30 – The magic words to use
0:37 – After you invoke it, stop talking
About Future First Criminal Law
Phoenix criminal defense and DUI law firm led by Zachary Divelbiss.
Serving Phoenix, Scottsdale, Mesa, Tempe, Chandler, Gilbert, and all Maricopa County courts.
229 Google reviews at 5.0 stars | Law Firm 500 (#112, 2022-2024)
Free consultation: 602-932-7890 |
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#RightToRemainSilent #MirandaRights #ArizonaDUI
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People need to learn to keep silent and say I want my lawyer.
You do not have to wait for an officer to read you Miranda before you invoke your right to remain silent. Say it clearly: I do not want to say anything else, I want to remain silent, and I want a lawyer. Then actually stop talking. Free consultation: 602-932-7890 | https://futurefirst.law
Cop in a box saves lives!
I will answer a few basic questions to appear polite and cooperative but then I take advice from lawyer and county sheriff.
My sheriff gave me permission to mention him.
He told me to say, "My county sheriff told me not to talk to police".
If police try to continue ask, "Do you really want me to ignore advice of county sheriff?"
That should be the end of it.
Can I remain silent the minute I get pulled over from the first interaction