Miranda, Statements & Talking to Police

How do I invoke my right to remain silent?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Say it plainly and without hedging: *I am invoking my right to remain silent.* Then stop talking.

Simply staying quiet is not enough. Courts have held that silence alone doesn't invoke the right — you have to assert it.

Say it clearly and without qualifiers. *I am invoking my right to remain silent. I don't want to answer questions.* Declarative sentences, not questions.

Then actually stop. The most common failure isn't the invocation — it's the conversation that continues afterward. People invoke and then explain why, or answer one more question, or make small talk that turns substantive. An invocation followed by continued voluntary talking undercuts itself.

Two additional points. If you've already been talking, you can invoke at any time and stop. And where the right to remain silent has been asserted, questioning must cease — though under certain conditions officers may later re-approach, which is one reason the request for counsel is generally the stronger move.

Say it once, plainly. Then let the silence do the work. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.