When the System Won’t Save You, Your Silence Will...

Posted by Corey L. Scott | Aug 02, 2023 | 0 Comments

So many people are incarcerated, detained, or detached from their loved ones right now because they got entangled with the law in one way or another.

But chances are, the outcome of their case could have been the exact opposite of what it was if they only observed and exercised their basic right — the right to remain silent.

Fifth and Sixth Amendment Rights

The people of America are fortunate to live in a country where they are not forced to say anything that could incriminate them. They don't have to become self-snitches and rat themselves out. In the United States, Americans can exercise their Fifth Amendment right against self-incrimination and their Sixth Amendment right to an attorney.

However, people are either not aware of these rights or know about them but proceed to talk to the police and tell their side of the story. And in doing so, they are sabotaging themselves and putting themselves in a tough position. Anything they say can and will be used against them in a court of law, so speaking to the police will never put them at an advantage.

How Silence Has the Power to Save You

Silence speaks louder than any statement or explanation can. It has the power to save someone being interrogated by the police. Silence can always come to a person's advantage because of the following reasons:

  1. A person never has to explain what they never said in the first place.
  2. Silence cannot be misquoted.
  3. If a person doesn't say anything, they don't incriminate themselves and mess anything up.

Silence is powerful because it can never be taken out of context. If a person doesn't talk to the police, there is nothing that they can use against them in a court of law. Hence, silence protects their rights and helps their attorneys build a stronger defense.

How Silence Can Help Your Attorney Defend You

Any attorney will light up like a Christmas tree when they read their client's case file and find out that they chose to exercise their right against self-incrimination. This is because it gives them the ability to operate with a clean slate. They can be the first to hear their client's side of the story and use that story to their advantage, whether in negotiations or in a trial.

On the other hand, if the story has already been spilled to the police, the attorney will have no leverage or bargaining tool against them and the prosecution. The story can be tainted, exaggerated, or changed to get a conviction. And the accused has put themselves in a position that is difficult, if not impossible, to get out of.

Exercise Your Right to Remain Silent

There is absolutely no advantage in a person going down to a police station and making a voluntary statement to tell their side of the story. This should only be disclosed to an attorney, who can make informed decisions about what should be done next.

When the system won't save a person, their silence will. Anyone ever entangled with the law or interrogated by the authorities should exercise their right to remain silent, which is equivalent to their right to remain innocent and empower their attorney to defend them in the best way possible.

About the Author

Corey L. Scott

Corey L. Scott, was born and raised in East Chicago, Indiana. Upon graduation from East Chicago Central High School, Corey attended Indiana State University and graduated with a Bachelor of Science degree in Criminology.  Upon graduation, Corey accepted a position with the Marion County Superior Court, Juvenile Division where he served with distinction for the next nine years, eventually being promoted to Director of the Youth Counseling Department. Pursuing his dream of becoming an attorney, Corey attended the Indiana University School of Law-Indianapolis.  While in law school, Corey was an Indiana Council on Legal Education Opportunity (ICLEO) fellow and participated in Moot Court competitions.  He also worked in the Marion Superior Court, Criminal Division as a bailiff and research assistant to the Honorable Tanya Walton Pratt, who serves as a Judge on the United States District Court for the Southern District of Indiana. Corey also served as an internship law clerk to the Honorable Judge, Margret G. Robb, at the Indiana Court of Appeals. Finally, upon graduation from law school, Corey had the distinct honor and privilege to serve as a law clerk to the Honorable Justice, Robert D. Rucker, who sits on the Indiana Supreme Court. Corey then became an associate with Mike Norris Law Office, where he specialized in bankruptcy law with a main concentration on working to assist families obtain a fresh start through Chapter 7 bankruptcy.  Still a young attorney, Corey then served as a public defender at the Marion County Public Defender Agency.  In this position, Corey gained invaluable trial experience by defending clients in a wide range of matters from misdemeanors to serious felonies on a daily basis.  It was also during this time that Corey discovered his passion for representing and serving "everyday people." An entrepreneur at heart, Corey established the Law Office of Corey L. Scott, P.C.  Since then, he and his staff have served the greater Indianapolis community and surrounding counties in several legal disciplines including: Bankruptcy, Criminal Defense and Family Law.  In keeping with his vision, Corey L. Scott, P.C., is a client focused, results oriented general law practice that endeavors to provide legal solutions for "everyday people" charged with a crime, dealing with financial crisis or going through a difficult divorce. Corey has also been active serving the greater Indianapolis community by participating in pro bono programs such as "Ask a Lawyer," the "Modest Means" panel program which allows individuals to afford legal counsel at a fraction of normal rates, Neighborhood Christian Legal Clinic and the Heartland Pro Bono Council program. Corey is a proud member of the Indianapolis Bar Association, Indiana Bar Association, American Bar Association, National Association of Criminal Defense Lawyers and the National Association of Consumer Bankruptcy Attorneys.

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