Can an attorney invoke your right to silence?

The right to silence is a personal right that individuals possess, usually recognized under the Fifth Amendment of the United States Constitution, which protects against self-incrimination. This means that when an individual is interrogated by law enforcement or is in a situation where they may face criminal charges, they have the right to remain silent and not provide information that could be used against them in a court of law.

An attorney does play an essential role in advising their clients about this right and may suggest that they exercise this right during questioning or prosecution. However, it is ultimately up to the individual to decide whether or not to invoke their right to silence. This right is rooted in the principle that no one should be compelled to testify against themselves, and thus it reflects a personal choice rather than something that can be invoked by another party, such as an attorney.

While attorneys can advise individuals on when it may be best to remain silent, they do not have the authority to invoke that right on behalf of their clients. The individual must make that decision themselves, which underscores the personal nature of the right to remain silent.