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Do Not Explain Yourself After an Arrest: Why Invoking the Fifth Amendment Is Essential
posted on 3/8/26

You have the right to protect yourself from self-incrimination. This is a core component of the Fifth Amendment within the Constitution. And, for this reason, if you are arrested, you do not have to explain yourself.​

The above is true, and there is more: you should invoke your Fifth Amendment rights and remain silent after an arrest. Doing so is of the utmost importance. Not doing so can make things far more difficult for you in the long-run.​

By going over the importance of invoking your Fifth Amendment rights after an arrest and speaking with a Chicago criminal defense lawyer, you can obtain the legal outcome that you are seeking.​

What Should You Do If Questioned By Law Enforcement?

If you are questioned by law enforcement, the single most important action you can take is to say: “I am invoking my Fifth Amendment right to remain silent, and I want my attorney present.”​

Right after you state the above, you can no longer be questioned. The officers who have been questioning you must cease doing so and allow your attorney to be present.​

Then, after invoking your Fifth Amendment rights, you should stop talking to the officers. There is absolutely no need to offer explanations or have any kind of small talk. Silence, after invoking your Fifth Amendment rights, is essential.

Why Is Invoking Your Right To Remain Silent So Important?

Invoking your right to remain silent is so important because anything you say can, and will, be used against you in a court of law.​

The term “anything” really does mean anything. Even a casual remark or statement made in jest can, and will, be used against you in a court of law.​

Just as an example, if you make a joke about not liking your boss, this supposed dislike of your boss could be used to suggest that you have violent tendencies.​

The above is just one example. Anything you say can become evidence that is used to hurt you during your trial. It doesn’t matter what you say or how you say it; if it can be weaponized, it will be. For this reason, you must remain silent when questioned.​

How Can An Attorney Help You?

Your best move when speaking with officers after an arrest is to have an attorney present. This is true, regardless of how intelligent you are or what the officers say about your case.​

Your attorney’s role is to protect your rights and ensure that the system operates as it is supposed to. The system is meant to honor your Fifth Amendment rights and, in turn, your invocation of the right to remain silent.​

If you work with an attorney, your rights will be safeguarded. And, if they are not, your attorney will use this violation as an advantage to assist you in obtaining the legal outcome you are seeking.​

At Glasgow & Olsson, Attorney Thomas Glasgow has spent decades watching how words are obtained and then twisted only to be used later on to harm someone’s case. When you work with Glasgow & Olsson, you have the advantage of learning from an experienced criminal defense lawyer. 

The bottom line: Use the rights that are yours, as per the laws this country was founded upon. And do not face that room alone.

Get Qualified Legal Help Today

If you need representation for a criminal charge, Glasgow & Olsson is uniquely qualified to help you.​

Our team has helped thousands of people who have been charged with crimes in Illinois. When we take cases, we do so to win. This means we take cases to trial. We don’t arrange plea bargains unless they’re in our clients’ best interests. As proactive lawyers, we fight aggressively and support our clients throughout their entire case up to and including appeals. Protecting your life and freedom is always the goal, and with our decades of experience practicing law, we know how to get results. This is why we are regularly invited to appear as a legal contributor on popular radio and news outlets, including ABC, CNN, NBC, CBS, and Fox NEWS.​

When you need an attorney, experience matters. Speak with a Chicago criminal defense attorney today to learn how our experience can get you the results you deserve.