Hannes Honecker

Right to Remain Silent

If you are suspected of a criminal offense, you must be informed of your right to remain silent. Use this right. It is yours.

The right to remain silent is based on principles protected by constitutional law. Exercising your right to remain silent does not make you appear more suspicious than you already are. The often-heard phrase “if you have nothing to hide, you can talk” may be a common psychological notion, but it is legally incorrect in criminal proceedings.

You should be aware of the following key rules regarding your right to remain silent:

  1. You may speak at any time, even later—for example, after reviewing the case files. But you can never undo what you have already said. Therefore, the golden rule is: never speak too soon. Only make statements after consulting a criminal defense attorney. As a rule, they will advise you not to say anything until you or your lawyer have reviewed the investigation files.
  2. If you speak spontaneously or prematurely, you often lose control over the documentation of your statement the moment you begin to speak. The authorities will then document your statement.
  3. If you receive a “summons” as a suspect, you are not obligated to comply. The term “summons” is outdated and falsely implies that you must appear for a suspect interview. This is incorrect.
  4. It is not advisable to attend such an interview unless you know exactly what and who the allegations involve. As you typically do not have access to the case files before such an interview, you are effectively “blind” to the charges. Only reviewing the case files will give you clarity.
  5. If you receive a “summons” and already know who filed the complaint, do not file a counter-complaint without first consulting your attorney. Filing a counter-complaint may lead to you being questioned as a witness. Once you testify as a witness, you have made a statement (see points 1 and 2).
  6. Contact a criminal defense attorney if you are unsure of your rights or do not feel confident asserting them against experienced investigators.