Being accused of a crime is overwhelming even before you are officially arrested. One part that often confuses people is whether they should speak or stay silent when questioned by the police. You may worry that saying nothing could make you look guilty. But in Georgia, silence before arrest can be more complicated than it seems.
It is important to know that your words or your silence can sometimes be brought up later in court. While most people have heard of the “right to remain silent,” that protection usually kicks in after arrest or once you are in custody.
What you should know if you stay silent
In Georgia, if you are not under arrest or in custody, the rules are different. At that stage, the police might not need to read you your rights.
If you stay silent before being taken into custody, your silence might still be used in court, especially if you answer some questions but avoid others. A few things to keep in mind, include:
- Ask if you are free to go: If you are not under arrest, you can leave. Asking directly can help you understand where you stand.
- Stay calm and respectful: You do not have to answer questions, but keeping your tone steady can help avoid tension.
- You can say you do not want to talk: It is okay to speak up in a calm way. Saying something like “I am not comfortable answering questions” can protect you without making things worse.
- Avoid false statements: Lying or giving half-truths can worsen the situation, even if you are trying to protect yourself.
Taking a thoughtful approach in those early moments can shape what happens next, both legally and personally.
If you need clearance about what to say or not say, seeking legal guidance early on can help you avoid problems later.